Akinfotech Ventures Private Limited
(“Akinfotech”, “we”, “our”, or
“us”) which includes its
holding, subsidiary and group
companies, provides
an online software platform (the
“Akinfotech Platform”) that
enables
developers and other users to
build, host, and deploy BOTS for
devices and
software applications.
If you are located in India these
Terms are entered into with
Akinfotech
Ventures Private Limited. If you
are located outside of India,
then these
terms are entered into with
Akinfotech Ventures Private
Limited.
(hereinafter each referred to as
“Akinfotech”, “we”, “our” or
“us”)
These Terms of Service (these
“Terms”) include the legal terms
that we
require all developers and other
users to accept and implement as
a
condition of accessing our web
services located at https://www.akinfotech.info
and
other websites owned and/or
operated by Akinfotech (the
“Website(s)”),
and/or accessing or using the
application programming
interfaces provided on
or in connection with the
Akinfotech Platform (“API(s)”),
including any
documentation, materials, code,
data (such as logs as defined
below), files
(such as AIML and Other Files as
defined below) and other
information or
materials made available to you
by Akinfotech on or in
connection with the
APIs (collectively, “Akinfotech
Content”) to develop Bot s for
use in your
products or devices (“Devices”)
and/or your software
applications
(“Application(s)”).
The Akinfotech Platform includes a
sandbox environment and
developer
portal designed to allow you to
access, upload, download, edit,
create,
store, and interpret files and
data in connection with
building, hosting,
and deploying your Bot (s).
Files contained in each Bot may
include files
written in Artificial
Intelligence Markup Language
(“AIML Files”), and SETS,
MAPS, SUBSTITUTIONS, and SYSTEM
files (collectively, “Other
Files”). Data
may include analytics and bot
logs, which may include “Inputs”
to, and
“Outputs” from, your Bot (s)
(“BOTlogs”). “Inputs” are
typically text
inputs, whether typed or
converted from speech utterance
or spoken phrase to
text, by an individual sent from
your Application to Akinfotech
servers for
processing; “Outputs” are the
responses returned to your
Application by the
Akinfotech Platform.
PLEASE READ THESE TERMS CAREFULLY TO
ENSURE THAT YOU UNDERSTAND EACH
PROVISION. THESE TERMS CONTAIN A
MANDATORY INDIVIDUAL ARBITRATION
AND CLASS
ACTION/JURY TRIAL WAIVER
PROVISION THAT REQUIRES THE USE
OF ARBITRATION ON
AN INDIVIDUAL BASIS TO RESOLVE
DISPUTES, RATHER THAN JURY
TRIALS OR CLASS
ACTIONS.
Akinfotech reserves the
right to make unilateral
modifications to these
terms and
will provide
notice of these changes as
described
below.
BY USING OR CONTINUING TO USE THE
Akinfotech APIS OR BY CLICKING
“Sign
Up” YOU AGREE TO USE THE
Akinfotech APIS AND OTHER
Akinfotech CONTENT
SOLELY IN ACCORDANCE WITH THESE
TERMS OF SERVICE, AND YOU AGREE
THAT YOU ARE
BOUND BY AND ARE A PARTY TO
THESE TERMS. THESE TERMS
SUPERCEDES ANY PRIOR
AGREEMENTS, WHETHER ORAL OR
WRITTEN, BETWEEN THE PARTIES
CONCERNING SUCH
CLAIMS, AND WILL NOT BE MODIFIED
OR AMENDED BY ANY PAST,
CONTEMPORANEOUS, OR
FUTURE AGREEMENTS OR DEALINGS
BETWEEN THE PARTIES, WHETHER
ORAL OR WRITTEN.
YOU WARRANT THAT YOU ARE AT
LEAST EIGHTEEN (18) YEARS OLD
AND THAT YOU HAVE
THE LEGAL CAPACITY TO AGREE TO
AND BE BOUND BY THESE TERMS. IF
YOU ACCESS OR
USE THE Akinfotech APIS, OTHER
Akinfotech CONTENT, OR THE
Akinfotech
PLATFORM ON BEHALF OF A COMPANY,
PRINCIPAL OR OTHER ENTITY, YOU
REPRESENT
THAT YOU HAVE AUTHORITY TO BIND
SUCH ENTITY AND ITS AFFILIATES
TO THESE
TERMS AND THAT THESE TERMS ARE
FULLY BINDING UPON THEM. IN SUCH
CASE, THE
TERM “YOU” WILL REFER TO YOU AND
SUCH ENTITY AND ITS AFFILIATES.
IF YOU DO
NOT HAVE AUTHORITY, OR IF YOU DO
NOT AGREE WITH THESE TERMS OF
SERVICE, YOU
MAY NOT ACCESS OR USE THE APIS
OR OTHER Akinfotech
CONTENT.
- Accounts and Registration
- Refund
Policy
- Use
of Akinfotech
Content
- Prohibitions
- Acceptable
Use
Policy
- Compliance
- Privacy
and
Security
- DMCA
- Ownership
and
License
- Updates
- Branding
and
Attribution
- Termination
- No
Warranties
- Limitation
of
Liability
- Indemnification
- Other
Legal Terms and
Conditions
Accounts and Registration
Accounts
You need to use a current Akinfotech
account or create a new
Akinfotech
account in order to use the APIs
and other Akinfotech
Content.
You may use the Akinfotech Content
and/or Akinfotech Platform only
if
you can form a binding contract
with Akinfotech , and only in
compliance
with these Terms and all
applicable local, state,
national, and
international laws, rules and
regulations.
Any use or access to the Website(s),
APIs, or Akinfotech Platform by
anyone under 18 is strictly
prohibited and in violation of
these
Terms.
You must be a human. Accounts
registered by “bots”or other
automated
methods are not
permitted.
You are solely responsible for the
activity that occurs on your
account,
including, without limitation,
any Customer Data and Account
Information
(each as defined below) provided
under or through your
account.
You may create a Akinfotech account
using some existing account
credentials or via other
registration methods we may
provide from time to
time, in our sole discretion. By
connecting to the Akinfotech
Platform with
a third-party service, you give
us permission to access and use
your
information from that service as
permitted by that service, and
to store
your log-in credentials for that
service. It is your
responsibility to keep
your password, account
credentials, and accounts
secure. You must notify
Akinfotech immediately if any
unauthorized use, or suspected
unauthorized
use, of your Akinfotech account
occurs or if any other breach of
security
occurs.
You may never use another user’s
account. Your login may only be
used by
one person. A single login
shared by multiple individuals
is not
permitted.
You acknowledge that Akinfotech is
not liable for any loss or
damage
arising from your failure to
comply with the above
requirements.
Registration
You may be required to provide
certain information (e.g., your
contact
details, description of your
product or service, your company
name, your
credit card details, etc.,
collectively, “Account
Information”) as part of
the registration process to
access the Akinfotech Content,
or as part of
your continued use of the
Akinfotech Content.
You agree that any registration
information you give to
Akinfotech will
always be accurate and up to
date, and you agree to promptly
notify
Akinfotech of any changes in
your Account
Information.
Refund Policy for Latin America region
for recharge on WhatsApp
self-serve
platform.
Eligibility for refund:
In the event of non-usage of WhatsApp
self-serve platform from the
date
of recharge subject to User
making a written request to us
within 7 days
from the date of recharge, User
shall be entitled for refund of
money
subject to deduction of
applicable taxes and charges. In
case User makes the
request for refund upon the
expiry of seventh day,
Akinfotech shall in its
sole discretion based on merits
of the request credit WhatsApp
notifications
to the wallet of the
user.
Applicability of Refund Policy:
This policy is only applicable for
Latin America region.
Procedure for Refund:
Refund amounts are generally remitted
within 10-15 business days.
However, the length of time
required for the funds to be
credited to User’s
account is determined by User’s
bank or financial institution.
Please check
with respective banks or
financial institution and their
specific rules
regarding returned or refunded
transactions.
Akinfotech has no obligation to
issue refunds if User cannot
provide us
with full and accurate
information required to complete
the refund or
credit; or the refund request
has already been processed
through payment
gateway but has not yet applied
to the originating source of the
payment; or
the refund request directs
Akinfotech to issue the refund
to a different
bank or financial institution
other than the source where the
original
payment was received; or
Akinfotech did not receive the
payment for which
the refund request is made due
to force majeure or other causes
beyond our
direct control.
In the event a refund cannot be
handled within standard refund
protocols
or to process a refund after
10-15 business days, User may be
asked to
supply additional information
and to provide documentation of
the original
charge.
Information disclosed to Akinfotech
for the purposes of processing a
Users refund shall be protected
in accordance with Akinfotech’s
Privacy
Policy as amended from time to
time.
Akinfotech shall make all reasonable
attempts to keep the User
apprised
of the status of refund through
updates shared on the User’s
registered
mobile number and/or email
address. User disclaims all
liabilities that may
arise on account of its failure
to keep the User apprised of the
status of
the refund.
Where a User had utilised his/her
Wallet for payment towards the
recharge, Akinfotech shall
process all refunds only into
the User’s credit
Akinfotech Wallet. Where a User
had opted for online mode of
payment option
for recharge, Akinfotech shall
process all refunds into either
the User’s
Wallet or the Users’ valid bank
accounts or financial
institution, if
details of such accounts are
provided by the User to
Akinfotech at the time
of refund. Once the amount is
refunded into a User’s
Akinfotech Wallet, it
cannot be further refunded to
any other bank account or
financial
institution account or as cash,
and would continue to remain in
the User’s
Akinfotech Wallet until
exhausted for utilisation in
terms of WhatsApp
messages on the
Platforms.
Grievance Redressal
Any grievances relating to the Refund
may be directed by User to the
grievance officer of Akinfotech
who can be contacted at
tech@akinfotech.info
Use of Akinfotech Content
Right to Access and Use of Akinfotech
Content.
Subject to these Terms, Akinfotech
grants you a limited, revocable,
non-transferable, non-exclusive,
right (without the right to
sublicense) to
access and use the Akinfotech
Content and Akinfotech
Platform, solely to
the extent necessary for you to
host and create bot (s) that
operate solely
in connection with your Devices
and/or Applications.
Permitted Access.
You will access (or attempt to
access) an API or other
Akinfotech
Content only as expressly
permitted by these Terms and the
means described
by Akinfotech in the
documentation, instructions, or
features available
based on Your Usage (as defined
below).
API Calls.
Akinfotech may set limits on the
number of API calls that you can
make
at its sole discretion, for
example in the interest of
service stability,
or, without limiting the
foregoing, in accordance with
limits based on your
free or paid subscription usage
(“Your Usage”) of the
Akinfotech Platform.
Akinfotech may throttle your
activity or cease offering you
access to the
APIs altogether in Akinfotech ‘
sole discretion. You agree to
such
limitations and will not attempt
to circumvent such
limitations.
Fees.
Fees, API limits, and access to other
features may vary depending on
Your
Usage. The limits, features, and
fees owed for each available
paid plan
(“Subscription Plan(s)”) are set
forth at Akinfotech ‘ website
www.akinfotech.info and are
subject to change from time to
time without
notice. You acknowledge and
agree to pay all fees, as due,
for the full-term
of the subscription, regardless
of whether the subscription is
cancelled
prior to expiration or
termination of these Terms. No
refunds will be given
to customers outside of Latin
America region for any reason,
including, but
not limited to, unused Services,
regardless of whether the
subscription is
cancelled prior to expiration or
termination of these Terms. You
must
provide Akinfotech notice of
any billing issues or disputes
within fifteen
(15) days after they first
appear on the statement you
receive from your
bank, credit card company, or
other billing company or
invoicing. Failure to
notify Akinfotech of any
billing issues within the
fifteen (15) day period
will result in your acceptance
of the charges and you waive the
right to
dispute such charges. Failure to
pay fully and promptly may
result in the
deactivation of your account
until payment is successfully
received.
Open Source Software.
Some of the software offered by or
included in the Akinfotech
Content
may be offered under an open
source license. There may be
provisions in the
open source license that
expressly override some of these
Terms, and in
those cases, the overriding
provisions apply.
Accuracy.
We do not guarantee the accuracy of
any Akinfotech Content,
including
any output generated in
connection with your use of the
Akinfotech Content
or Akinfotech Platform. You
acknowledge and agree that you
use and rely on
the Akinfotech Content and the
Akinfotech Platform at your own
risk, and
that Akinfotech will not be
liable for any errors or
inaccuracies of any
Akinfotech Content or the
Akinfotech
Platform.
Monitoring.
Akinfotech may, but is under no
obligation to, monitor the use
of the
Akinfotech Content to ensure
quality, improve Akinfotech
products and
services, or verify your
compliance with these Terms. You
will not interfere
with such
monitoring.
Compliance with Law.
You will use our APIs and other
Akinfotech Content and the
Akinfotech
Platform only as permitted by
law (including without
limitation laws
regarding the import or export
of data or software, privacy, or
local laws).
You will not use the APIs or
other Akinfotech Content to
encourage or
promote illegal or dangerous
activity. You also will require
any end users
of your Devices or Applications
(“End Users”) to comply with any
applicable
law and these Terms. You will
not knowingly enable your End
Users to violate
applicable law or these
Terms.
Prohibitions
When using any Akinfotech Content
and/or the Akinfotech Platform,
unless otherwise approved in
writing by Akinfotech , the
following
prohibitions apply:
You will not use the APIs or other
Akinfotech Content on behalf of
any
third party, unless such third
party has expressly authorized
you to access
and use the Akinfotech Content
under its account.
You will not copy, rent, lease, sell,
transfer, assign, sublicense,
disassemble, reverse engineer or
decompile (except to the limited
extent
expressly authorized by
applicable statutory law),
modify or alter any part
of the Website(s), APIs, other
Akinfotech Content, or the
Akinfotech
Platform.
You will not create an Application
that functions substantially the
same
as the APIs or other Akinfotech
Content and offer it for use by
third
parties.
You will not use the Akinfotech
Content or Akinfotech Platform
in
connection with any Device or
Application that is targeted to
children under
the age of eighteen (18).
You will not use the Akinfotech
Content or Akinfotech Platform
in
connection with providing any
adult entertainment oriented or
otherwise
pornographic services.
You will not perform an action with
the intent of introducing to the
Website(s), Akinfotech Content,
or Akinfotech Platform or the
applications
or products of any third party,
any viruses, worms, defects,
Trojan horses,
malware or any items of a
destructive nature.
You will not use the Akinfotech
Content or Akinfotech Platform,
or
access or control any customer
accounts, products, devices, or
applications
in a manner that could cause
harm, damage, or loss to any
individual, or
otherwise harm, defame, abuse,
harass, stalk or threaten others
or allow or
encourage any third party to do
so.
You will not use the APIs, other
Akinfotech Content, or the
Akinfotech
Platform in any manner or for
any purpose that may violate any
law or
regulation, or any right of any
person including, but not
limited to,
intellectual property rights,
rights of privacy and/or rights
of
personality, or which otherwise
may be harmful (in Akinfotech ‘
sole
discretion) to Akinfotech, its
service providers, its
suppliers, end users
of the Akinfotech Platform, End
Users, or any individual or
entity.
You will not use the APIs, other
Akinfotech Content, or the
Akinfotech
Platform in connection with any
inherently dangerous objects,
devices,
materials, or situations, or in
furtherance of any activities
likely to
cause harm to any individual or
property.
You will not: (i) interfere with or
disrupt the Website(s),
Akinfotech
Platform, the APIs, or the
servers or networks providing
the APIs; (ii)
tamper with the security of the
any of the hardware, software or
networks
used by Akinfotech to make the
Website(s), Akinfotech Content,
or
Akinfotech Platform available
or tamper with any customer
accounts; (iii)
disable, circumvent or avoid any
security device, mechanism,
protocol or
procedure established by
Akinfotech ; or (iv) permit
others to do any of
the foregoing.
Acceptable Use Policy
Here at Akinfotech, our goal is to
help user and user’s team do the
best
work of user’s lives, every day.
To do this, we need to keep our
products
and services running smoothly,
quickly, and without
distraction. For this to
happen, we need help from user,
our users. We need user not to
misuse or
abuse our products and
services.
To describe exactly what we mean by
“misuse” or “abuse” – and help
us
identify such transgressions,
and react accordingly – we’ve
created this
Acceptable Use Policy. Under
this policy, we reserve the
right to remove
content that is inconsistent
with the spirit of the
guidelines, even if it’s
something that is not forbidden
by the letter of the policy. In
other words,
if user do something that isn’t
listed here verbatim, but it
looks or smells
like something listed here, we
may still remove it.
Here’s what we won’t allow:
1. Disruption
Compromising the integrity of our
systems. This could include
probing,
scanning, or testing the
vulnerability of any system or
network that hosts
our services.
Tampering with, reverse-engineering,
or hacking our services,
circumventing any security or
authentication measures, or
attempting to gain
unauthorized access to the
services, related systems,
networks, or
data
Modifying, disabling, or compromising
the integrity or performance of
the
services or related systems,
network or data
Deciphering any transmissions to or
from the servers running the
services
Overwhelming or attempting to
overwhelm our infrastructure by
imposing an
unreasonably large load on our
systems that consume
extraordinary resources
(CPUs, memory, disk space,
bandwidth, etc.), such
as:
Using “robots,” “spiders,” “offline
readers,” or other automated
systems
to sends more request messages
to our servers than a human
could reasonably
send in the same period of time
by using a normal browser
Going far beyond the use parameters
for any given service as
described in
its corresponding
documentation
Consuming an unreasonable amount of
storage for music, videos,
pornography, etc., in a way
that’s unrelated to the purposes
for which the
services were designed
2. Wrongful activities
Misrepresentation of users
information, or disguising the
origin of any
content (including by
“spoofing”, “phishing”,
manipulating headers or other
identifiers, impersonating
anyone else, or falsely implying
any sponsorship
or association with Akinfotech
or any third party)
Using the services to violate the
privacy of others, including
publishing
or posting other people’s
private and confidential
information without their
express permission, or
collecting or gathering other
people’s personal
information (including profile
information, account names or
information)
from our services
Using our services to stalk, harass,
or post direct, specific threats
of
violence against others;
Using the Services for any illegal
purpose, or in violation of any
laws
(including without limitation
data, privacy, and export
control laws)
Accessing or searching any part of
the services by any means other
than
our publicly supported
interfaces (for example,
“scraping”)
Using meta tags or any other “hidden
text” including Akinfotech’s or
our
suppliers’ product names or
trademarks
3. Inappropriate communications
Using
the
services to generate or send
unsolicited communications,
advertising, chain
letters, or spam
Soliciting our users for commercial
purposes, unless expressly
permitted
by Akinfotech
Disparaging Akinfotech or our
partners, vendors, or
affiliates
Promoting or advertising products or
services other than user’s own
without appropriate
authorization
4. Inappropriate content
Posting, uploading, sharing,
submitting, or otherwise
providing content
that:
Infringes Akinfotech’s or a third
party’s intellectual property or
other
rights, including any copyright,
trademark, patent, trade secret,
moral
rights, privacy rights of
publicity, or any other
intellectual property
right or proprietary or
contractual right
User don’t have the right to submit
information that
Is deceptive, fraudulent, illegal,
obscene, defamatory, libelous,
threatening, harmful to minors,
pornographic (including child
pornography,
which we will remove and report
to law enforcement, including
the National
Center for Missing and Exploited
Children), indecent, harassing,
hateful;
Encourages illegal or tortious
conduct or that is otherwise
inappropriate;
Attacks others based on their race,
ethnicity, national origin,
religion,
sex, gender, sexual orientation,
disability, or medical
condition;
Contains viruses, bots, worms,
scripting exploits, or other
similar
materials
Is intended to be
inflammatory;
Could otherwise cause damage to
Akinfotech or any third
party;
5. Acceptable Use
User will not (nor assist others to)
violate any applicable law,
contract, intellectual property,
or other third-party right, and
User is
solely responsible for its
conduct while using our Business
Services.
User must not directly, indirectly,
or through automated or other
means:
Use our Business Services for
personal, family, or household
purposes;
Engage in any harassing, threatening,
intimidating, predatory, or
stalking conduct;
Use or attempt to use another user’s
account without prior
authorization
from that user, Akinfotech and
WhatsApp;
Impersonate or register on behalf of
any person or entity or
otherwise
misrepresent your affiliation
with a person or entity,
perpetrate fraud, or
publish falsehoods or misleading
statements;
Collect information of or about other
users in any impermissible or
unauthorized manner;
Use our Business Services other than
for their intended purpose or
interfere with, disrupt,
negatively affect, or inhibit
other users;
Damage, disable, overburden, or
impair our Business
Services;
Send, distribute, or post spam,
unsolicited electronic
communications,
chain letters, pyramid schemes,
or illegal or impermissible
communications;
Post, upload, or share any content
which is unlawful, libelous,
defamatory, obscene,
pornographic, indecent, lewd,
suggestive, harassing,
threatening, invasive of privacy
or publicity rights, abusive,
inflammatory,
fraudulent, or is in our sole
judgment objectionable;
Encourage or provide instructions for
a criminal offense;
Distribute any viruses, corrupted
data, or other harmful,
disruptive, or
destructive files or
content;
Bypass, ignore, or circumvent
instructions in our robots.txt
file or any
measures we employ to prevent or
limit access to any part of our
Business
Services, including
content-filtering techniques;
or
Expose Akinfotech, WhatsApp or
others to any type of harm or
liability.
6. Restrictions
Except as otherwise permitted by
Akinfotech in writing, User
must not
directly, indirectly, or through
automated or other means: (a)
distribute,
sell, resell, or rent our
Business Services to third
parties; (b) distribute
or make our Business Services
available over a network to be
used by
multiple devices at the same
time, except as authorized
through tools and
configurations that we have
expressly provided for your use
via our Business
Services; and (c) copy,
reproduce, distribute, publicly
perform or display,
modify, or make derivative works
based upon all or portions of
our Business
Services. User must not
directly, indirectly, or through
automated or other
means: (d) remove any
proprietary rights notices or
markings; (e) reverse
engineer any aspect of our
Business Services or do anything
that may
discover source code; (f) scrape
or extract data from our
Business Services;
(g) develop or use any
applications that interact with
our Business Services
without our prior written
consent; and (h) create software
or APIs that
function substantially the same
as our Business Services and
offer them for
use by third parties in an
unauthorized manner.
In this Acceptable Use Policy, the
term “content” means: (1) any
information, data, text,
software, code, scripts, music,
sound, photos,
graphics, videos, messages,
tags, interactive features,
files or other
materials that user post,
upload, share, submit, or
otherwise provide in any
manner to the services and (2)
any other materials, content, or
data user
provide to Akinfotech or use
with the Services.
Without affecting any other remedies
available to us, Akinfotech may
permanently or temporarily
terminate or suspend a user’s
account or access
to the services without notice
or liability if Akinfotech (in
its sole
discretion) determines that a
user has violated this
Acceptable Use
Policy.
Compliance
Akinfotech
reserves the right to
investigate any Device or
Application for compliance
with these Terms. Such
investigations may include
Akinfotech accessing and
using your Device or
Application, for example to
identify stability or
security issues that could
affect Akinfotech or its
customers. You consent
to any such investigation.
Akinfotech may immediately
suspend or terminate
access to the Website(s), APIs,
other Akinfotech Content, and
the
Akinfotech Platform by you or
your Device or Application
without notice if
we believe, in our sole
discretion, that you are in
violation of these Terms
or otherwise.
Privacy and Security
Customer Data. “Customer Data” means any
and all information you provide to or
through, or is generated in connection
with your use of, the Website(s),
Akinfotech Content, or the Akinfotech
Platform, including, but not limited to,
AIML and Other Files, bot logs, Account
Information, and data that relates to
any End Users or such End Users’ use of
your Application (“End User Data”),
including, but not limited to, Inputs
from an End User sent by your
Application
to the Akinfotech servers for
processing. You acknowledge and agree
that you
are solely responsible for obtaining all
required consents from End Users in
connection with any use of your Devices
or Applications and the Akinfotech
Content (including the APIs), which
consent shall be compliant with all
applicable data protection legislation
and other privacy laws, rules, and
regulations. Before collecting any End
User Data or other information from End
Users, you will provide adequate notice
of what End User Data and other
information you collect and how it will
be used and/or shared and obtain any
necessary consents. You and your
Applications will comply with all
privacy laws
and regulations in connection with your
access and use of the Akinfotech
Content and Akinfotech Platform. You
will provide and adhere to a privacy
policy for your Device or Application
that: (i) complies with all applicable
laws, rules, and regulations, (ii) is
conspicuously displayed to all End
Users,
and (iii) clearly and accurately
describes to End Users what data and
user
information you collect (such as
personally identifiable information,
login
information, etc.) and how you use and
share such information with Akinfotech
and third parties. You understand that
by using the Akinfotech Content or
Akinfotech Platform, you consent to the
collection, use, and disclosure of any
Customer Data (including personal
information and aggregate data) as set
forth
in our Privacy Policy
https://akinfotech.info/privacypolicy.html,
and to have Customer Data collected,
used, transferred to and processed in
the
United States. You shall be solely
responsible for your Customer Data and
the
consequences of making it available on
or through the Akinfotech Content
and/or
Akinfotech Platform.
Privacy. You understand that by using the
Akinfotech Content and/or
Akinfotech Platform you consent to the
collection, use and disclosure of your
personally identifiable information and
Customer Data as set forth in our
Privacy Policy
https://akinfotech.info/privacypolicy.html,
and to have your personally identifiable
information and Customer Data
collected, used, transferred to and
processed in the
Security. We care about the integrity
and security of your Customer
Data
and personal information.
However, we cannot guarantee
that unauthorized
third parties will never be able
to defeat our security measures
or use your
personal information for
improper purposes. You
acknowledge that you are
solely responsible for any
personal injury or property
damage arising from
or relating to your use of any
Akinfotech Content, the
Akinfotech
Platform, or any authorized or
unauthorized use of your Device
or
Application.
DMCA
We respect content owner rights; it
is Akinfotech ‘ policy to
respond to
alleged infringement notices
that comply with the Digital
Millennium
Copyright Act of 1998 (“DMCA”),
as provided in our DMCA
Policy.
Ownership and License
Your Bots, Devices, Applications, and
Customer Data.
Akinfotech does not acquire
ownership of your Bots, Devices,
Applications, or Customer Data
by your use of the APIs or other
Akinfotech
Content. You represent and
warrant that you have the
necessary rights to
provide all Customer Data,
including without limitation,
End User Data and
Account Information, and other
information you make available
in connection
with your use of the Akinfotech
Content and/or the Akinfotech
Platform and
to grant all rights and licenses
under these Terms. Without
limiting the
foregoing, if you are using the
Akinfotech Content or
Akinfotech Platform
on behalf of your employer or
any third party, you represent
and warrant
that your employer or such third
party has expressly authorized
you to make
available and use any content,
data, or information that you
use or make
available in connection with
your use of the Akinfotech
Content and/or
Akinfotech Platform. You
further represent and warrant
that your Customer
Data (including, without
limitation, End User Data and
Account Information),
Applications, and/or Devices,
and any use thereof in
connection with the
Akinfotech Content or
Akinfotech Platform will not
violate the rights of
any third party, including but
not limited to, intellectual
property rights,
trade secret rights or other
proprietary rights, or rights of
privacy, or
violate any applicable laws,
rules, or regulations.
Customer Data Rights and
License.
In connection with the operation of the
Akinfotech Content and Akinfotech
Platform, Akinfotech receives,
utilizes, and analyzes Customer Data.
You retain
ownership of your Customer Data.
However, notwithstanding anything to the
contrary, you hereby grant Akinfotech a
license to: (i) use and disclose your
Customer Data to provide the Akinfotech
Content and the Akinfotech Platform;
(ii) use your Customer Data for
Akinfotech ‘ internal business
purposes; (iii)
disclose your Customer Data as may be
required by law or legal process; and
(iv)
otherwise use and disclose your Customer
Data in accordance with the Akinfotech
Privacy Policy
https://akinfotech.info/privacypolicy.html.
Without limiting the foregoing, you
agree that Akinfotech is expressly and
irrevocably authorized to utilize,
analyze, modify, reproduce, publish,
share,
create derivative works of, or otherwise
exercise all rights in your Customer
Data and any analytics, statistics or
other data related to or derived from
your
Customer Data and/or your use of the
Akinfotech Content or Akinfotech
Platform
for any purpose, provided that such data
is in aggregate and anonymized form
(“Aggregate Data”). Subject to the
Customer Data licenses, you acknowledge
and
agree that Akinfotech will exclusively
own all right, title, and interest in
and to all Aggregate Data and other
output data generated by the Akinfotech
Platform. Notwithstanding anything to
the contrary, if you ever have any
ownership interest in any Aggregate Data
or output data, you hereby assign to
Akinfotech all such right, title, and
interest in and to such Aggregate Data
and output data, including all
intellectual property rights therein.
Akinfotech Content and Akinfotech
Platform.
By using our Website(s), APIs, other
Akinfotech Content, or
Akinfotech
Platform, you do not acquire
ownership of any rights in our
Website(s),
APIs, other Akinfotech Content,
the Akinfotech Platform, or any
data,
content or information that is
transmitted or accessed through
our APIs,
including without limitation,
any Libraries, Bots, AIML code,
bot logs, or
other data provided by
Akinfotech or other Akinfotech
users. Except for
your Customer Data, as between
you and Akinfotech , the
Akinfotech
Content, the Akinfotech
Platform, and all data, content,
and information
that is contained in or
transmitted or accessed through
our APIs and/or the
Akinfotech Platform, including,
without limitation, software,
Libraries,
Bots, AIML code, machine
learning models, images, text,
graphics,
illustrations, logos, patents,
trademarks, service marks,
copyrights,
photographs, audio, videos,
music, and data belonging to
other users, and
all intellectual property rights
related thereto, are the
exclusive property
of Akinfotech and its
licensors.
Feedback.
If we receive any feedback,
suggestions, ideas, reports, or
other
information relating to any
Akinfotech Content or any
Akinfotech products
or services, we may use such
information without obligation
to you.
Restrictions; Retained Rights.
The Website(s), Akinfotech Content,
and Akinfotech Platform are
protected by United States
intellectual property laws,
including without
limitation copyright laws, and
international treaty provisions.
You will not
remove or alter any proprietary
notices or marks on any
Akinfotech Content
or the Akinfotech Platform. You
will not reverse engineer or
attempt to
extract the source code from any
API, other Akinfotech Content,
the
Akinfotech Platform, or any
related software, except to the
extent that
this restriction is expressly
prohibited by applicable law.
You also will
not sublicense, lease, rent,
loan, distribute, sell, transfer
or make
available the APIs or other
Akinfotech Content or the
Akinfotech Platform
to any third party except as
specifically permitted by these
Terms.
Akinfotech Content is licensed
and not sold. Akinfotech
reserves all
rights not expressly granted in
these Terms.
Updates
We reserve the right to modify or
update the Website(s),
Akinfotech
Content and/or Akinfotech
Platform at any time, for any
reason, and without
notice to you. If Akinfotech
makes updates, revisions,
breaking changes or
in any way modifies an API or
other Akinfotech Content, you
agree that you
are solely responsible for
making changes to your Device or
Application to
ensure continued service for
your End Users. We are
constantly changing and
improving our APIs and other
Akinfotech Content. We may add
or remove
functionalities or features at
our discretion, for any reason,
and we do not
guarantee that your Device or
Application will function with
any future or
modified versions of any
Akinfotech Content or the
Akinfotech
Platform.
Branding and Attribution
Akinfotech Brand.
Except where expressly stated, these
Terms do not grant either party
any
right, title or interest in or
to the other party’s trade
names, trademarks,
service marks, logos, domain
names, and other distinctive
brand features
(collectively, “Marks”).
Attribution.
You agree to display any
attribution(s) required by
Akinfotech as
described in any documentation
for the APIs or other
Akinfotech Content.
Akinfotech grants to you a
limited, freely revocable,
nontransferable,
non-sub licensable, nonexclusive
license during the term of your
subscription to display
Akinfotech ‘ Marks solely for
the purpose of
promoting or advertising your
use of the APIs and other
Akinfotech Content.
You must only use the
Akinfotech Marks in accordance
with these Terms. You
understand and agree that
Akinfotech has the sole
discretion to determine
whether your attribution(s) and
use of Akinfotech Marks is in
accordance
with the above requirements and
any applicable
guidelines.
Publicity.
You will not make any statement
regarding your use of an API
that
suggests partnership with,
sponsorship by or endorsement by
Akinfotech
without Akinfotech prior
written approval.
Promotional and Marketing Use.
In the course of promoting,
marketing, or demonstrating the
APIs you are
using, Akinfotech may produce
and distribute incidental
depictions,
including screenshots or other
content from your Application or
Device, and
may use your company or product
name and logos. You hereby grant
Akinfotech
all necessary rights for these
purposes.
Termination
Termination.
You may change Your Plan or stop
using our APIs and other
Akinfotech
Content at any time. If you want
to terminate your account and
these Terms,
you must email us at
support@akinfotech.info and
inform us of your intention
to cancel your account
(“Termination Notice”) atleast
30days in advance. You
may download a copy of your Bot
(s), i.e., AIML and Other Files,
through the
available online interfaces at
any time prior to cancelling or
deleting your
account or within 30 days
therein. Subject to the
post-termination
obligations and the surviving
provisions set forth in these
Terms, upon our
written acknowledgement of our
receipt of your Termination
Notice, these
Terms will terminate.
Akinfotech has the right to
immediately terminate these
Terms or
discontinue your use of the
Website(s), Akinfotech
Platform, the APIs and
other Akinfotech Content or any
portion or feature thereof for
any reason
and at any time without
liability or other obligation to
you. Upon any
termination or expiration of
these Terms or discontinuation
of your access
to any Akinfotech Content, you
must immediately cease all use
of the
Akinfotech Platform, any
Akinfotech Content (including
the APIs), and
Akinfotech Marks and delete all
copies thereof.
Surviving Provisions.
When these Terms come to an end,
those terms that by their nature
are
intended to continue
indefinitely will continue to
apply, including but not
limited to: Sections 3 – 8, 10,
and 11, 12- 14
No Warranties
THE Akinfotech CONTENT AND
Akinfotech PLATFORM ARE
PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS.
USE OF THE Akinfotech CONTENT
AND Akinfotech
PLATFORM IS AT YOUR OWN RISK. TO
THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE
LAW, THE Akinfotech CONTENT AND
Akinfotech PLATFORM ARE
PROVIDED WITHOUT
WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING,
BUT NOT
LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. NO
ADVICE OR INFORMATION, WHETHER
ORAL OR
WRITTEN, OBTAINED BY YOU FROM
WITH OR THROUGH THE Akinfotech
CONTENT OR
Akinfotech PLATFORM WILL CREATE
ANY WARRANTY NOT EXPRESSLY
STATED HEREIN.
WITHOUT LIMITING THE FOREGOING,
Akinfotech , ITS SUBSIDIARIES,
ITS
AFFILIATES, AND ITS LICENSORS DO
NOT WARRANT THAT THE Akinfotech
CONTENT IS
ACCURATE, RELIABLE OR CORRECT;
THAT THE Akinfotech CONTENT OR
Akinfotech
PLATFORM WILL MEET YOUR
REQUIREMENTS; THAT THE
Akinfotech CONTENT OR
Akinfotech PLATFORM WILL BE
AVAILABLE AT ANY PARTICULAR TIME
OR LOCATION,
UNINTERRUPTED OR SECURE; THAT
ANY DEFECTS OR ERRORS WILL BE
CORRECTED; OR
THAT THE Akinfotech CONTENT OR
Akinfotech PLATFORM IS FREE OF
VIRUSES OR
OTHER HARMFUL COMPONENTS. ANY
CONTENT DOWNLOADED OR OTHERWISE
OBTAINED
THROUGH THE USE OF THE
Akinfotech CONTENT OR
Akinfotech PLATFORM IS
DOWNLOADED AND USED AT YOUR OWN
RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR MOBILE DEVICE OR LOSS
OF DATA THAT
RESULTS FROM SUCH DOWNLOAD OR
YOUR USE OF THE Akinfotech
CONTENT OR
Akinfotech PLATFORM.
YOU ARE SOLELY RESPONSIBLE FOR
BACKING UP YOUR DATA AND YOUR
FILES, AND
MUST NOT RELY ON US TO STORE,
BACKUP, OR MAKE AVAILABLE TO YOU
YOUR DATA OR
YOUR FILES, INCLUDING BUT NOT
LIMITED TO BOTLOGS, AIML AND
OTHER
FILES.
FEDERAL LAW, SOME STATES, PROVINCES
AND OTHER JURISDICTIONS DO NOT
ALLOW
EXCLUSIONS AND LIMITATIONS OF
CERTAIN IMPLIED WARRANTIES, SO
SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT
SHALL
Akinfotech, ITS AFFILIATES,
AGENTS, DIRECTORS, EMPLOYEES,
SUPPLIERS OR
LICENSORS BE LIABLE FOR ANY
INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL,
CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING WITHOUT
LIMITATION DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES,
THAT RESULT
FROM THE USE OF, OR INABILITY TO
USE, THE Akinfotech CONTENT OR
Akinfotech
PLATFORM. UNDER NO CIRCUMSTANCES
WILL Akinfotech BE RESPONSIBLE
FOR ANY
DAMAGE, LOSS OR INJURY RESULTING
FROM HACKING, TAMPERING OR OTHER
UNAUTHORIZED ACCESS OR USE OF
THE Akinfotech CONTENT OR
Akinfotech
PLATFORM OR YOUR ACCOUNT OR THE
INFORMATION CONTAINED
THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, Akinfotech
ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR
ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF
THE Akinfotech CONTENT; (II)
PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO OR USE OF
THE Akinfotech
CONTENT OR Akinfotech PLATFORM;
(III) ANY UNAUTHORIZED ACCESS TO
OR USE OF
OUR SECURE SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION
STORED THEREIN;
(IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR
FROM THE
Akinfotech CONTENT OR
Akinfotech PLATFORM; (V) ANY
BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE THAT MAY BE
TRANSMITTED TO OR THROUGH THE
Akinfotech
CONTENT OR Akinfotech PLATFORM
BY ANY THIRD PARTY; (VI) ANY
ERRORS OR
OMISSIONS IN ANY Akinfotech
CONTENT OR FOR ANY LOSS OR
DAMAGE INCURRED AS A
RESULT OF THE USE OF ANY
Akinfotech CONTENT OR OTHER
CONTENT OR DATA
TRANSMITTED OR OTHERWISE MADE
AVAILABLE THROUGH THE
Akinfotech PLATFORM;
AND/OR (VII) CUSTOMER DATA OR
THE DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT
OF ANY THIRD PARTY. IN NO EVENT
SHALL Akinfotech , ITS
AFFILIATES, AGENTS,
DIRECTORS, EMPLOYEES, SUPPLIERS,
OR LICENSORS BE LIABLE TO YOU
FOR ANY
CLAIMS, PROCEEDINGS,
LIABILITIES, OBLIGATIONS,
DAMAGES, LOSSES OR COSTS IN
AN AMOUNT EXCEEDING LOWER OF THE
AMOUNT YOU PAID TO Akinfotech
HEREUNDER IN
THE THREE (3) MONTHS PRIOR TO
THE DATE THE LAST CAUSE OF
ACTION AROSE OR USD
100.
THIS LIMITATION OF LIABILITY SECTION
APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT
LIABILITY, OR ANY
OTHER BASIS, EVEN IF Akinfotech
HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH
DAMAGE. THE FOREGOING LIMITATION
OF LIABILITY SHALL APPLY TO THE
FULLEST
EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF
INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY
TO YOU. THIS AGREEMENT GIVES YOU
SPECIFIC LEGAL RIGHTS, AND YOU
MAY ALSO
HAVE OTHER RIGHTS WHICH VARY
FROM STATE TO STATE. THE
DISCLAIMERS,
EXCLUSIONS, AND LIMITATIONS OF
LIABILITY UNDER THIS AGREEMENT
WILL NOT APPLY
TO THE EXTENT PROHIBITED BY
APPLICABLE LAW.
In using the Akinfotech Content and
Akinfotech Platform, you must
design and test your Devices and
Applications to ensure that your
Devices
and Applications do not present
risks of personal injury or
death, property
damage, or other losses. You
must implement all reasonable
security measures
to ensure that no third party
may gain unauthorized access to
the
Akinfotech Platform or
Akinfotech Content. If you
choose to use the
Akinfotech Content or
Akinfotech Platform in any way,
you assume all risk
that your use of the Akinfotech
Content or Akinfotech Platform
causes any
damage, harm, injury, or loss,
including without limitation to
any End Users
or other individuals or
property. You agree that you are
solely responsible
for any damage, harm, injury, or
loss arising from or relating to
your
Device or Application or your
use of any Akinfotech Content
or the
Akinfotech Platform, and you
agree to hold us harmless from
all such
damage, harm, injury, or
loss.
Indemnification
You agree to defend, indemnify and
hold harmless Akinfotech and
its
subsidiaries, agents, licensors,
managers, and other affiliated
companies,
and their employees,
contractors, agents, officers
and directors, from and
against any and all claims,
damages, obligations, losses,
liabilities, costs
or debt, and expenses (including
but not limited to attorney’s
fees) arising
from or related to: (i) your use
of and access to the Akinfotech
Content
(including the APIs) or
Akinfotech Platform, including
any data or content
transmitted or received by you;
(ii) your violation or alleged
violation of
any term of these Terms,
including without limitation
your breach of any of
the representations and
warranties above; (iii) any
violation of any
third-party right, including
without limitation any right of
privacy or
intellectual property rights, by
you, your Customer Data, Device,
or
Application, or any use thereof;
(iv) your violation of any
applicable law,
rule or regulation; (v) any of
your Customer Data or any that
is transmitted
via your account; (vi) any
personal injury or property
damage arising from
or relating to your use of the
Akinfotech Content or
Akinfotech Platform
or any authorized or
unauthorized use of your Device
or Application; or
(vii) any other party’s access
and use of the Akinfotech
Content or
Akinfotech Platform with your
unique username, password or
other
appropriate security
code.
Other Legal Terms and Conditions
Independent Development.
These Terms do not impair Akinfotech
right to develop, manufacture,
purchase, use or market,
directly or indirectly, alone or
with others,
products or services competitive
with those offered by
you.
Confidential Information.
Our communications to you may contain
Akinfotech confidential
information. If you receive any
materials or communications that
are clearly
confidential or marked
confidential, then you will not
disclose the
Akinfotech confidential
information to any third party
without
Akinfotech’s prior written
consent.
Notifications and Modification.
Akinfotech may provide
notifications, whether such
notifications are
required by law or are for
marketing or other business
related purposes, to
you via email notice, written or
hard copy notice, or through
posting of
such notice on our website, as
determined by Akinfotech in our
sole
discretion. Akinfotech reserves
the right to determine the form
and means
of providing notifications to
our users. Akinfotech is not
responsible for
any automatic filtering you or
your network provider may apply
to email
notifications we send to the
email address you provide us.
Akinfotech may,
in its sole discretion, modify
or update these Terms from time
to time, and
so you should review this page
periodically. When we change
these Terms in a
material manner, we will update
the ‘last modified’ date at the
top of this
page. Your continued use of the
Akinfotech Content or
Akinfotech Platform
after any such change
constitutes your acceptance of
the new Terms of
Service. If you do not agree to
any of these Terms or any future
Terms of
Service, do not use or access
(or continue to access) the
Akinfotech
Content or Akinfotech
Platform.
HIPPA Compliance.
You understand and agree that the
Akinfotech Platform is not
HIPPA
compliant and such compliance is
not expected to be included
within the
Services unless otherwise agreed
in writing.
Governing Law.
These Terms shall be governed by the
internal substantive laws of the
State of California, without
respect to its conflict of laws
principles. The
parties acknowledge that these
Terms evidence a transaction
involving
interstate commerce.
Notwithstanding the preceding
sentences with respect to
the substantive law, any
arbitration conducted pursuant
to these Terms shall
be governed by the Federal
Arbitration Act (9 U.S.C. §§
1-16). The
application of the United
Nations Convention on Contracts
for the
International Sale of Goods is
expressly excluded. You agree to
submit to
the personal jurisdiction of the
federal and state courts located
in USA,
California for any actions for
which we retain the right to
seek injunctive
or other equitable relief in a
court of competent jurisdiction
to prevent
the actual or threatened
infringement, misappropriation
or violation of our
copyrights, trademarks, trade
secrets, patents, or other
intellectual
property or proprietary rights,
as set forth in the Arbitration
provision
below, including any provisional
relief required to prevent
irreparable
harm. You agree that USA,
California is the proper forum
for any appeals of
an arbitration award or for
trial court proceedings in the
event that the
arbitration provision below is
found to be
unenforceable.
Arbitration
READ THIS SECTION CAREFULLY
BECAUSE IT REQUIRES THE
PARTIES TO
ARBITRATE THEIR DISPUTES
AND LIMITS THE MANNER IN
WHICH YOU CAN SEEK
RELIEF FROM
Akinfotech.For
any dispute with Akinfotech,
you
agree to first contact us at
support@akinfotech.info and
attempt to resolve
the dispute with us informally.
In the unlikely event that
Akinfotech has
not been able to resolve a
dispute after sixty (60) days,
we each agree to
resolve any claim, dispute, or
controversy (excluding any
claims for
injunctive or other equitable
relief as provided below)
arising out of or in
connection with or relating to
these Terms, or the breach or
alleged breach
thereof (collectively,
“Claims”), shall be referred to
a sole Arbitrator as
appointed by Akinfotech in
accordance with Arbitration and
Conciliation
Act, 1996 or any statutory
modifications or re-enactment
thereof for the
time being in force. The
language of the arbitration
shall be English. The
venue of such arbitration shall
be at Mumbai and the award of
the Arbitrator
shall be binding on both the
parties. If you are using the
Akinfotech
Content or Akinfotech Platform
for commercial purposes, each
party will be
responsible for paying any
Arbitration filing,
administrative and arbitrator
fees in accordance with rules,
and the award rendered by the
arbitrator
shall include costs of
arbitration, reasonable
attorneys’ fees and
reasonable costs for expert and
other witnesses. If you are an
individual
using the Akinfotech Content or
Akinfotech Platform for
non-commercial
purposes: (i) Akinfotech may
require you to pay a fee for the
initiation of
your case, unless you apply for
and successfully obtain a fee
waiver from
Akinfotech; (ii) the award
rendered by the arbitrator may
include your
costs of arbitration, your
reasonable attorney’s fees, and
your reasonable
costs for expert and other
witnesses; and (iii) you may sue
in a small
claims court of competent
jurisdiction without first
engaging in
arbitration, but this does not
absolve you of your commitment
to engage in
the informal dispute resolution
process. Any judgment on the
award rendered
by the arbitrator may be entered
in any court of competent
jurisdiction.
Nothing in this Section shall be
deemed as preventing Akinfotech
from
seeking injunctive or other
equitable relief from the courts
as necessary to
prevent the actual or threatened
infringement, misappropriation,
or
violation of our data security,
intellectual property rights or
other
proprietary rights.
Class Action/Jury Trial Waiver.
WITH RESPECT TO ALL PERSONS AND
ENTITIES, REGARDLESS OF WHETHER
THEY HAVE
OBTAINED OR USED THE Akinfotech
CONTENT OR Akinfotech PLATFORM
FOR
PERSONAL, COMMERCIAL OR OTHER
PURPOSES, ALL CLAIMS MUST BE
BROUGHT IN THE
PARTIES’ INDIVIDUAL CAPACITY,
AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY
PURPORTED CLASS ACTION,
COLLECTIVE ACTION, PRIVATE
ATTORNEY GENERAL ACTION
OR OTHER REPRESENTATIVE
PROCEEDING. THIS WAIVER APPLIES
TO CLASS
ARBITRATION, AND, UNLESS WE
AGREE OTHERWISE, THE ARBITRATOR
MAY NOT
CONSOLIDATE MORE THAN ONE
PERSON’S CLAIMS. YOU AGREE THAT,
BY ENTERING INTO
THIS AGREEMENT, YOU AND
Akinfotech ARE EACH WAIVING THE
RIGHT TO A TRIAL BY
JURY OR TO PARTICIPATE IN A
CLASS ACTION, COLLECTIVE ACTION,
PRIVATE
ATTORNEY GENERAL ACTION, OR
OTHER REPRESENTATIVE PROCEEDING
OF ANY
KIND.
General Legal Terms.
These Terms control the relationship
between Akinfotech and you.
They do
not create any third party
beneficiary rights. If the
Akinfotech Content or
Akinfotech Platform is licensed
to the United States government
or any
agency thereof, then the
Akinfotech Content and
Akinfotech Platform will
be deemed to be “commercial
computer software” and
“commercial computer
software documentation,”
respectively, pursuant to DFARS
Section 227.7202
and FAR Section 12.212, as
applicable.
Any use, reproduction, release,
performance, display or
disclosure of the
Akinfotech Content or
Akinfotech Platform and any
accompanying
documentation by the U.S.
Government will be governed
solely by the terms
and conditions of these Terms
and is prohibited except to the
extent
expressly permitted by the terms
and conditions of these Terms.
The
Akinfotech Content and
Akinfotech Platform originate
in the United States,
and are subject to United States
export laws and regulations. The
Akinfotech Content and
Akinfotech Platform may not be
exported or
re-exported to certain countries
or those persons or entities
prohibited
from receiving exports from the
United States. In addition, the
Akinfotech
Content and Akinfotech Platform
may be subject to the import and
export
laws of other countries. You
agree to comply with all United
States and
foreign laws related to use of
the Akinfotech Content and the
Akinfotech
Platform.
No waiver of any term of these Terms
shall constitute a further or
continuing waiver of such term
or any other term, and
Akinfotech failure to
assert any right or provision
under these Terms shall not
constitute a
waiver of such right or
provision.
These Terms and any rights and
licenses granted hereunder, may
not be
transferred or assigned by you,
but may be assigned by
Akinfotech without
restriction. Any attempted
transfer or assignment in
violation hereof shall
be null and void.
These Terms, together with any
amendments and any additional
agreements
you may enter into with
Akinfotech in connection with
the Akinfotech
Content or Akinfotech Platform,
shall constitute the entire
agreement
between you and Akinfotech
concerning the Akinfotech
Content and
Akinfotech Platform.
If any provision of these Terms is
deemed invalid by a court of
competent
jurisdiction, the invalidity of
such provision shall not affect
the validity
of the remaining provisions of
these Terms, which shall remain
in full force
and effect, except that in the
event of unenforceability of the
universal
Class Action/Jury Trial Waiver,
the entire arbitration agreement
shall be
unenforceable.
Contact
Please contact us at
support@akinfotech.info with any
questions regarding
these Terms.
Last Revision Date
This Policy was last revised on
06-Oct-2022
DMCA- Digital Millennium Copyright
Act
If you believe that your copyrighted
work has been copied in a way
that
constitutes copyright
infringement and is accessible
via the Website, the
Akinfotech Content, or the
Akinfotech Platform, please
notify Akinfotech
copyright legal as set forth in
the DMCA. For your complaint to
be valid
under the DMCA, you must provide
the following information in
writing:
An electronic or physical signature
of a person authorized to act on
behalf of the copyright
owner;
Identification of the copyrighted
work that you claim has been
infringed;
Identification of the material that
is claimed to be infringing and
where
it is located on the Akinfotech
Platform;
Information reasonably sufficient to
permit Akinfotech to contact
you,
such as your address, telephone
number, and, e-mail
address;
A statement that you have a good
faith belief that use of the
material in
the manner complained of is not
authorized by the copyright
owner, its
agent, or law; and
A statement, made under penalty of
perjury, that the above
information is
accurate, and that you are the
copyright owner or are
authorized to act on
behalf of the owner.
The above information must be
submitted to the following DMCA
legal:
Attn: Imran Shaikh
Subject: DMCA Notice
Email: support@akinfotech.info
UNDER FEDERAL LAW, IF YOU KNOWINGLY
MISREPRESENT THAT ONLINE
MATERIAL IS
INFRINGING, YOU MAY BE SUBJECT
TO CRIMINAL PROSECUTION FOR
PERJURY AND CIVIL
PENALTIES, INCLUDING MONETARY
DAMAGES, COURT COSTS, AND
ATTORNEYS’
FEES.
Please note that this procedure is
exclusively for notifying
Akinfotech
and its affiliates that your
copyrighted material has been
infringed. The
preceding requirements are
intended to comply with
Akinfotech’s rights and
obligations under the DMCA,
including 17 U.S.C. 512(c), but
do not
constitute legal advice. It may
be advisable to contact an
attorney
regarding your rights and
obligations under the DMCA and
other applicable
laws.
In accordance with the DMCA and other
applicable law, Akinfotech has
adopted a policy of terminating,
in appropriate circumstances,
users who are
deemed to be repeat infringers.
Akinfotech may also at its sole
discretion
limit access to the Akinfotech
Platform and/or terminate the
accounts of
any users who infringe any
intellectual property rights of
others, whether
or not there is any repeat
infringement.