Last modified: October 1, 2021
AKVEO, INC. (“AKVEO” , “WE” , “US”) IS WILLING TO GRANT ACCESS TO THE SAAS PRODUCT TO YOU AS THE INDIVIDUAL, COMPANY OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SAAS PRODUCTS (REFERENCED BELOW AS “USER”) ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. BY ENTERING INTO THIS AGREEMENT ON BEHALF OF YOURSELF OR AN ENTITY OR ORGANIZATION, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT AND/OR BIND SUCH ENTITY OR ORGANIZATION TO THIS AGREEMENT. USER AND AKVEO MAY EACH ALSO BE REFERRED TO AS A “PARTY” AND TOGETHER, THE “PARTIES”.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SAAS PRODUCT. THIS SAAS TERMS OF SERVICE (“AGREEMENT”) CONSTITUTES A LEGAL AND ENFORCEABLE CONTRACT BETWEEN USER AND AKVEO. BY INDICATING CONSENT ELECTRONICALLY, OR ACCESSING OR OTHERWISE USING THE SAAS PRODUCTS, CUSTOMER AGREES TO THE TERMS AND OF THIS AGREEMENT. IF USER DOES NOT AGREE TO THIS AGREEMENT, DO NOT INDICATE CONSENT ELECTRONICALLY AND MAKE NO FURTHER USE OF THE SAAS PRODUCTS.
“Akveo, Inc.” means the legal entity specified on the signature line below, at the address specified in Section 12.N.
“Confidential Information” means all information provided by the disclosing Party to the receiving Party concerning the disclosing Party or its affiliates’ business, products or services that is not generally known to the public, including information relating to customers, vendors, trade secrets, prices, products, services, computer programs and other intellectual property and any other information which a Party should reasonably understand to be considered Confidential Information whether or not such information is marked “Confidential” or contains such similar legend by the disclosing Party at the time of disclosure.
“Customer” means a person or entity that licenses and uses Akveo’s Services from us and is agreeing to these Terms. Each Customer must use a unique identity to access and use UI Bakery.
“Documentation” means the user guides, installation documents, and specifications for the SaaS Products that are made available from time to time by Akveo in electronic or tangible form and found at https://docs.uibakery.io/ but excluding any sales or marketing materials.
“End-User” means a person or entity that licenses and uses a Customer’s services through UI Bakery and is agreeing to these Terms. Each Customer must ensure that each of their End-Users uses a unique identity to access and use a Customer’s service through UI Bakery.
“Order” means Akveo’s quote accepted by Customer via Customer’s purchase order or online order submitted to Akveo (or a Customer’s quote accepted by its End-User) to order UI Bakery, which references UI Bakery, pricing, payment terms, quantities, expiration date and other applicable terms set forth in an applicable Akveo quote or similar ordering document.
“Prohibited Persons” means anyone on the U.S. Commerce Department’s Denied Persons, Entity, or Unverified Lists or the U.S. Treasury Department’s list of Specially Designated Nationals and Consolidated Sanctions list.
“SaaS” means Software as a Service.
“Services” means all UI Bakery related services (including building and maintaining applications on the platform) that we provide to our Customers, their End-Users, the UI Bakery product, and all services performed on our platform.
“Site” means our website and platform, specifically both: https://uibakery.io and https://cloud.uibakery.io/
“Subscription Term” means the period of time during which a User is subscribed to UI Bakery, as specified in an Order and which shall begin upon delivery of UI Bakery.
“Terms” means these terms of service.
“UI Bakery” means Akveo’s software-as-a-service product (including updates and upgrades provided by Akveo), Documentation, and any software, systems and locally installed software agents and connectors that interact with the UI Bakery as may be provided by Akveo in connection with UI Bakery.
“Usage Data” means data generated in connection with User’s access, use and configuration of UI Bakery and data derived from it (e.g., types of applications or accounts utilized or interacting with UI Bakery).
“User” means both Customers and End-Users. We may also refer to Users as “you” or “your”.
We may modify the Terms at any time. If we do so, we’ll let you know either by posting the modified Terms on the Site, or through other communications. Continued use of our Site and the Services after we update and post notice of the new Terms indicates that you agree to be bound by the modified Terms, and to license our Products as further described below.
A. Payment Terms. Users can select UI Bakery for purchase by browsing our offerings on our pricing page, selecting the product you want to license, and successfully completing the payments process. Without prejudice to your rights set out elsewhere in this Agreement, all SaaS Products fees are non-refundable and payable in United State dollars in advance.
B. Taxes. The fees and charges covered by this Agreement are exclusive of any indirect taxes imposed or levied, currently or in the future based on applicable legislation, on our SaaS products. Unless otherwise agreed between the Parties, User will be liable for compliance with reporting and payment any such taxes in its tax jurisdiction.
C. No additional Terms and Conditions. These Terms set out the complete and exclusive statement of the contract between you and Retool with respect to your purchase of UI Bakery. Any additional or conflicting provisions contained in an Order from you are expressly rejected.
D. Electronic Delivery of Products. UI Bakery including Updates and Documentation licensed by you pursuant to these Terms will be delivered electronically (such as by electronic mail, file transfer or other means of electronic transmission).
E. If you have an outstanding balance due on your account, we reserve the right to discontinue your services, terminate your account, charge interest on your outstanding account and/or pursue collections actions against you. You agree to reimburse us for all reasonable costs and expenses (including reasonable attorneys’ fees) incurred in collecting any overdue amounts.
F. Contact. For questions regarding Orders and payments for services, please contact: [email protected]
A. Subject to payment of all applicable fees set forth in an Order and to your compliance with these Terms, during the Subscription Term, Akveo grants you a, limited, non-exclusive, revocable license to electronically access and use the Site, the Services, and related Documentation solely as provided for in these Terms, in the quantity specified in an applicable Order and, where applicable, in a separate license agreement with Akveo.
B. Restrictions. You may not (and you may not permit others to) do any of the following:
circumvent or manipulate the fee structure, billing process, or other fees owed;
exceed the subscribed quantities, users or other terms of access to the Services as set forth in the applicable Order;
publish on or upload to the Site anything that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
publish or upload anything that is misleading, malicious, or discriminatory;
access or attempt to access any other Akveo or UI Bakery systems, programs, data or accounts that are not made available for your use;
except as allowed with respect to backups of your data or your agreement with us, copy, reproduce, republish, upload, post, transmit, resell or distribute in any way any material from the Site;
work around any technical limitations in the Site, use any tool to enable features or functionalities that are otherwise disabled in the Site, or attempt to reverse engineer, decompile, disassemble or derive the source code or underlying ideas or algorithms of any part of UI Bakery except as otherwise permitted by applicable law;
attempt to recreate UI Bakery or use UI Bakery for any competitive or benchmark purposes;
use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site., or impose an unreasonably large load on Akveo’s infrastructure;
frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Akveo or the Site or use any Akveo or UI Bakery trademark or service marks, unless authorized to do so in writing by Akveo;
attempt to probe, scan, or test the vulnerability of any Akveo system or network or breach any security or authentication measures;
attempt to access or search the Site or download content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Akveo or other generally available third-party web browsers;
send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
impersonate or misrepresent your affiliation with any person or entity; or
otherwise use the Site except as expressly allowed under the Terms.
C. The license granted in these Terms does not include any right of resale of any Akveo Product or Service; or any collection and use of any service listings, descriptions, or prices; any derivative use of UI Bakery or its contents. No Akveo Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Akveo. The licenses granted by Akveo terminate if you do not comply with these Terms.
D. In addition, you are responsible for your information technology infrastructure, including computers, servers, software, databases, electronic systems (including database management systems) and networks, whether operated directly by you or through the use of third-party services. You agree to abide by all applicable local, state, national, and international laws and regulations in connection with using UI Bakery, the Documentation and our Services, including, without limitation, all laws regarding the transmission of technical data exported from the United States through the Service and all privacy and data protection laws, rules and regulations.
E. Open-Source Licenses. UI Bakery contains third-party materials subject to their respective open-source licenses. Akveo warrants that the inclusion of such third-party materials in UI Bakery will not prevent you from exercising the license rights provided to you herein in respect of UI Bakery or limit your ability to use Ui Bakery and our Services in accordance with the Documentation. Nothing herein shall derogate from mandatory rights you may have under any open-source licenses.
A. To create an account, you will need to register on the UI Bakery platform. You agree to provide accurate, complete registration information, and to keep that information current. You agree that we may store and use your registration information to maintain your account.
B. Do not provide us with any of the following types of information:
confidential information of third parties. AKVEO EXPRESSLY DISCLAIMS ALL LIABILITY WITH RESPECT TO ANY SUCH THIRD PARTY CONFIDENTIAL INFORMATION.
information which may qualify as protected health information (or any similar information) “PHI” regulated under the Health Insurance Portability and Accountability Act of 1996 and related regulations (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”) AKVEO EXPRESSLY DISCLAIMS ALL LIABILITY WITH RESPECT TO ANY SUCH PHI.
C. You agree to: (i) properly use passwords, tokens and access procedures with respect to logging into UI Bakery including, keep your password secure and confidential, providing it only to Authorized Users of your account; (ii) notify us immediately and reset your password if you believe your password may have become known to an unauthorized person.
D. Users are responsible for any and all transactions performed while using your account. You agree to indemnify and hold harmless Akveo from and against any and all liability arising in any way from your accessing to the Site and using UI Bakery.
E. Akveo reserves the right to refuse registration of, or to cancel, login accounts that it reasonably believes to violate the Terms and set forth in this Agreement, in which case Akveo will promptly inform you in writing of such refusal or cancellation. In addition to the rights set forth in this Agreement, Akveo may suspend your access and use of UI Bakery if there is an unusual and material spike or increase in your use of UI Bakery and Akveo reasonably suspects or knows that such traffic or use is fraudulent or materially and negatively impacting the operating capability of UI Bakery. Akveo will provide notice prior to such suspension if permitted by applicable law or unless Akveo reasonably believes that providing such notice poses a risk to the security of UI Bakery. Akveo will promptly reinstate your access and use once the issue has been resolved.
A. UI Bakery, the Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Akveo, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Some of the content on the Site may include the copyrighted work or trademarks of third parties. In addition, UI Bakery and its Documentation contain proprietary and confidential information of Akveo and its licensors.
Akveo and its licensors (where applicable) exclusively own and retain all rights, title and interest in and to UI Bakery, the Site and its contents; any software programs, tools, utilities, processes, inventions, devices, methodologies, specifications, documentation, techniques and materials of any kind used or developed by Akveo or its personnel in connection with UI Bakery and performing the Services; all trademarks; and all copyrights (including copyrightable materials). Such ownership includes all worldwide patent rights, copyright rights, trade secret rights, know-how and any other intellectual property rights (“Intellectual Property Rights”) therein.
You will have no Intellectual Property Rights to any of Akveo’s or UI Bakery’s protected content or the Site, except as expressly set forth in these Terms.
B. Your customer data. For purposes of these Terms, “Customer Data” means all non-public data provided by you to us to enable provision of the Services. You own all right, title and interest in and to your Customer Data. Nothing in this Agreement shall be construed to grant Akveo any rights in Customer Data beyond those expressly provided herein. You grant Akveo and a limited, non- exclusive, worldwide license to view and use the Customer Data solely for the purpose of using UI Bakery and our Services.
C. Your License Grant to Us. Akveo shall be permitted to collect, analyze and use Usage Data relating to its reasonable business purposes, tracking and improving the provision and performance of UI Bakery and our Services, and for your benefit. In the event Akveo wishes to disclose the Usage Data or any part thereof to third parties (either during the Subscription Term or thereafter), such data shall be anonymized and/or presented in the aggregate so that it will not identify User or its End-Users. The foregoing shall not limit in any way Akveo’s confidentiality obligations pursuant to these Terms. If you provide Akveo with comments or suggestions “Feedback”, such Feedback shall be free from any confidentiality restrictions that might otherwise be imposed upon Akveo pursuant to these Terms, and may be used in any manner by Akveo in its sole discretion. You acknowledge that any Akveo products or materials incorporating any such Feedback shall be the sole and exclusive property of Akveo.
D. Digital Millennium Copyright Act. Akveo respects the intellectual property rights of others and expects its Users to do the same. In accordance with the Digital Millennium Copyright Act of 1998. We will respond promptly to claims of copyright infringement committed using our Site. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on our Site by completing a DMCA Notice and delivering it to the office address provided below. Upon receipt of Notice, as described below, Akveo will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the Site.
Your DMCA notice (“Notice”) must:
Identify the copyrighted work (or works) that you claim has been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed to: [email protected] or
Akveo DMCA Notices
7830 W Alameda Ave, Ste 103-291
LakewoodCO 80226, USA
E. Confidential Information.
The Parties acknowledge that each may disclose certain valuable confidential and proprietary information to the other Party. The receiving Party may only use the disclosing Party’s Confidential Information to fulfill the purposes of this Agreement. The receiving Party will protect the disclosing Party’s Confidential Information by using at least the same degree of care as the receiving Party uses to protect its own Confidential Information of a like nature (but no less than a reasonable degree of care) to prevent the unauthorized use, dissemination, disclosure or publication of such Confidential Information. Notwithstanding the foregoing, the receiving Party may disclose Confidential Information to its employees, advisors, consultants, and agents on a need-to-know basis and provided that such party is bound by obligations of confidentiality substantially similar to those contained herein. This section supersedes any and all prior or contemporaneous understandings and agreements, whether written or oral, between the Parties with respect to Confidential Information and is a complete and exclusive statement thereof.
Exceptions. Information will not be deemed Confidential Information if it: (a) is known to the receiving Party prior to receipt from the disclosing Party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing Party; (b) becomes known (independently of disclosure by the disclosing Party) to the receiving Party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing Party; (c) becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of this Agreement by the receiving Party; or (d) is independently developed by the receiving Party without use of or reliance upon the disclosing Party’s Confidential Information, and the receiving Party can provide evidence to that effect. The receiving Party may disclose Confidential Information pursuant to the requirements of a court, governmental agency or by operation of law but shall (to the extent permissible by law) limit such disclosure to only the information requested and give the disclosing Party prior written notice sufficient to permit the disclosing Party to contest such disclosure.
Akveo works with other companies to provide technology services to users of the Site and UI Bakery. These companies may have access to your databases for the purposes of providing these services. Such companies operate under confidentiality agreements with Akveo.
A. The Security of Your Information is Important to Akveo. We use commercially reasonable efforts to ensure that its security infrastructure is consistent with the industry standards for virus protection, firewalls and intrusion prevention in order to prevent the unauthorized access to the Services and their underlying systems, network, servers and applications controlled by us. We take commercially reasonable administrative, physical and electronic measures designed to protect from unauthorized access, use or disclosure of the information that we collect from you. Our software infrastructure is regularly updated with the latest security patches. All communications traffic is encrypted by HTTPS and passwords are hashed.
B. UI Bakery uses third-party service providers such as Google and AWS. We may link to or offer third-party services on our Site or otherwise through the Services. Any purchase, enabling, or engagement of such third parties, including but not limited to implementation, customization, consulting services, and any exchange of data between you and any third party, is solely between you and the applicable third-party provider and is subject to the terms and conditions of such third party. Akveo does not warrant, endorse or support third-party services and is not responsible or liable for such services or any losses or issues that result as your use of such services.
C. The Internet is Not Guaranteed to be Safe. Please be aware that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.
You agree to indemnify, defend and hold harmless Akveo, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of (i) your use of or inability to use the Site, the Services, and related Documentation; (ii) your violation of any terms of these Terms, (iii) or your violation of any rights of a third party, including but not limited to intellectual property rights; (iv) any overt harmful act toward any other user of the Site, ; or (vi) your violation of any applicable laws, rules or regulations. We reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AKVEO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
AKVEO AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE OR IN UI BAKERY FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. AKVEO AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF ANY SITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED SITE, OR ANY SITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
A. Export Control. The exportation of UI Bakery and Documentation, and all related technology and information thereof are subject to U.S. laws and regulations pertaining to export controls and trade and economic sanctions, including the U.S. Export Administration Act, Export Administration Regulations, the Export Control Reform Act, and the Office of Foreign Assets Control’s sanctions programs, the laws of the State of Israel, and the laws of any country or organization of nations within whose jurisdiction Customer (or its End-Users who may use UI Bakery or otherwise receive Akveo’s Services as expressly authorized by this Agreement) operates or does business, as amended, and the rules and regulations promulgated from time to time thereunder. Specifically, you hereby undertake not to export, re-export, access or grant access to UI Bakery and all related technology, information, materials and any upgrades thereto to: (a) any Prohibited Persons; (b) any country to which such export, re-export or access from is restricted or prohibited per the foregoing applicable laws; or (c) otherwise in violation of any applicable export or import restrictions, laws or regulations. User also certifies that it is not a Prohibited Person nor owned, controlled by, or acting on behalf of a Prohibited Person.
B. Commercial Computer Software. If User is an agency or contractor of the United States Government, Customer acknowledges and agrees that: (i) UI Bakery (including any software forming a part thereof) were developed entirely at private expense; (ii) UI Bakery (including any software forming a part thereof) in all respects constitute proprietary data belonging solely to Akveo; (iii) UI Bakery (including any software forming a part thereof) are not in the public domain; and (iv) the software forming a part of UI Bakery is “Commercial Computer Software” as defined in sub-paragraph (a)(1) of DFAR section 252.227-7014 or FAR Part 12.212. You shall provide no rights in the software (including any software forming a part thereof) to any U.S. Government agency or any other party except as expressly provided in this Agreement.
You agree that you are using your own judgment in using the Site, the Services, and related Documentation, and you acknowledge and agree that you are doing so at your own risk.
(i) Each Party shall comply with all applicable, laws and regulations in connection with the performance of its obligations and the exercise of its rights under this Agreement.
(ii) To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado in all disputes arising out of or relating to the use of the Site, the Services, and related Documentation. Use of the Site, the Services, and related Documentation is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
(iii) Dispute Resolution/Arbitration .In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
THE PARTIES AGREE THAT ANY ARBITRATION UNDER THESE TERMS SHALL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS/REPRESENTATIVE/COLLECTIVE ACTIONS ARE EXPRESSLY NOT PERMITTED.
THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
(i) Term. These Terms commence on the date on which you accept them and, unless terminated earlier, will continue until terminated.
(ii) Termination. We reserve the right, in our sole discretion, to terminate your access the Site, the Services, and related Documentation, and access to any program you may have purchased from us, without refund or any portion thereof, at any time, for any reason or no reason without notice.
(iii) You may cancel your account at any time by sending an email to us at [email protected].
(iv) Effect of Termination. Upon termination of these Terms (a) your right to access and use the Site and Services will immediately terminate; and (b) all fees you may owe will become immediately due and payable.
(v) If you are caught violating any of these Terms, we reserve the right to prosecute you to the full extent of the law.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Akveo as a result of this agreement or use of the Site, the Services, and related Documentation. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site, the Services, and related Documentation, or information provided to or gathered by us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Akveo with respect to the Site, the Services, and related Documentation and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Site, the Services, and related Documentation. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
You acknowledge and agree that no waiver of any of the provisions of these Terms by us, shall be deemed, or shall constitute, a waiver of any other provision of these Terms, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver of any of the terms of these Terms and Conditions shall be binding unless expressly executed in writing by us and signed by an authorized officer of our company.
These Terms are not assignable, delegable, sub-licensable, or otherwise transferable by you. You acknowledge and agree that any transfer, assignment, delegation, or sublicense by you is invalid.
Akveo reserves the right, in its sole discretion, to change the Terms under which the Site, the Services, and related Documentation is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates.
Each term and provision of this Agreement that should by its sense and context survive any termination or expiration of this Agreement, shall so survive regardless of the cause and even if resulting from the material breach of either Party to this Agreement.
All notices must be in writing and in the English language and will be deemed given only when sent by mail (return receipt requested), hand-delivered, sent by documented overnight delivery service to the party to whom the notice is directed, at its address indicated in the signature box to these Terms (or such other address as to which the other party has been notified), or sent by email if receipt is electronically confirmed.
Neither party will be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond the reasonable control of such party, which may include without limitation denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes and material.
If you have any questions about these Terms or the Services please contact Akveo at:
Or by mail at:
7830 W Alameda Ave, Ste 103-291
CO 80226, USA