Terms of Service

Subject to your compliance with these Terms, Akston grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, professional, or business purposes — including evaluating, purchasing, and learning about the Service.

You agree not to, and not to permit any third party to: (a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or the content made available through it, except as expressly permitted by these Terms; (b) modify, translate, adapt, merge, create derivative works of, disassemble, decompile, or reverse engineer any part of the Site; (c) access the Site in order to build a substantially similar or competing product or service; (d) remove, obscure, or alter any proprietary notice on the Site or its content; or (e) use the Site in violation of any applicable law.

All copyright, trademark, and other proprietary notices on the Site must be retained on any permitted copies.

We may modify, suspend, or discontinue any part of the Site at any time, with or without notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuation of the Site.

The Site and all content made available through it (excluding User Content governed by Part B § 3) — including text, graphics, logos, icons, images, audio, video, software, and the selection and arrangement of the foregoing — are owned by Akston or its licensors and are protected by copyright, trademark, and other laws. Nothing in these Terms transfers to you any ownership in the Site or any such content. All rights not expressly granted are reserved.

The Site may contain links to third-party websites, resources, or services that we do not own or control. We provide these links as a convenience and do not endorse, monitor, or accept responsibility for any third-party content, products, or services. Your use of any third-party site or service is at your own risk and is subject to that third party’s terms and policies.

If you submit ideas, suggestions, proposals, or feedback about the Site or the Service (“Feedback”), you grant Akston a perpetual, irrevocable, royalty-free, worldwide, sublicensable license to use, modify, and exploit the Feedback for any purpose. Feedback is not confidential. Please do not send us any information you consider confidential or proprietary.

You agree not to, and not to permit any third party to, use the Site or the Service to:

• violate any applicable law, regulation, or third-party right (including intellectual property, privacy, publicity, and confidentiality rights);
• submit, generate, or distribute content that is unlawful, harassing, threatening, abusive, defamatory, or that depicts or promotes sexual exploitation of minors, incitement to violence, or unlawful discrimination;
• upload, transmit, or distribute malware, viruses, worms, or any code designed to disrupt or compromise systems or data;
• attempt to probe, scan, or test the vulnerability of, or gain unauthorized access to, the Site, the Service, or any connected system or network;
• circumvent any access control, rate limit, usage cap, or security feature of the Service;
• use automated means (bots, scrapers, crawlers) to access the Site or the Service, except for (i) public search engine indexing consistent with our robots.txt, and (ii) any API we expressly provide for automated access;
• create multiple accounts to evade plan limits, bans, or usage caps;
• use the Service to develop, train, fine-tune, or benchmark any competing AI model, product, or service;
• resell, sublicense, or make the Service available to third parties on a service-bureau or timesharing basis;
• send spam, unsolicited commercial communications, or harvest other users’ contact information; or
• misrepresent AI-generated content as human-generated where that misrepresentation is prohibited by law or would cause material deception (for example, in regulated disclosures).

We may investigate and take action against suspected violations, including removing content, suspending or terminating your account, and reporting unlawful activity to authorities. Our enforcement is discretionary; our failure to enforce against one user is not a waiver of our rights against another.

We provide email support to all paid subscribers at team@akston.ai. Subscribers to plans that include priority support (as described on the Pricing page) receive response-time priority over standard support. We do not offer guaranteed uptime, response times, or service-level commitments, and nothing in these Terms creates one.

You agree to defend, indemnify, and hold harmless Akston and its officers, directors, employees, contractors, and agents from and against any third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your User Content, (b) your use of the Service in violation of these Terms or applicable law, or (c) your infringement of any third-party right. We may assume exclusive control of the defense of any matter subject to indemnification by you, in which case you will cooperate with us in asserting available defenses.

You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service, with or without notice, if we reasonably believe that you have violated these Terms, that your account presents a security or legal risk to Akston or other users, or that we are required by law to do so. Sections that by their nature should survive termination (including B.3.2–B.3.7, B.4, B.7, Part C, and Part D) will survive.

Before starting arbitration, you and Akston agree to try to resolve any dispute informally. Send a written notice describing the dispute, the relief you seek, and your contact information to team@akston.ai or by mail to the address in Part D § 11. We will work in good faith, including by meeting by telephone or video conference, to try to resolve the dispute within 60 days. If we do not resolve it within 60 days after receipt of the notice, either of us may initiate arbitration. Statutes of limitations and arbitration filing deadlines are tolled while we engage in this informal process.

Except for (a) small-claims court actions on an individual, non-class basis; (b) actions seeking injunctive or other equitable relief for infringement or misuse of intellectual property; and (c) the specific disputes carved out in § C.4, you and Akston agree to arbitrate all disputes between us arising out of or relating to these Terms, the Site, or the Service.

California residents. If you are a California resident, this arbitration agreement applies only to disputes arising out of or relating to your use of, payment for, or our provision of the Site or the Service. Any broader scope in this agreement is, as applied to California residents, limited accordingly under California Civil Code § 1670.15.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. Arbitration will be administered by JAMS under its Streamlined Arbitration Rules for disputes under $250,000 and its Comprehensive Arbitration Rules for larger disputes. The arbitration will be conducted in the county where you reside (or remotely, if we both agree). The arbitrator may award any relief that a court could award to you individually under applicable law. The arbitrator’s decision is final and may be entered as a judgment in any court of competent jurisdiction. If JAMS is unavailable, the parties will agree on an alternative arbitral forum.

The arbitrator has authority to decide all issues relating to arbitrability and the interpretation of this agreement, except that the following are reserved for a court, not an arbitrator: (a) whether the class-action waiver in § C.5 is enforceable; (b) disputes about payment of arbitration fees; (c) whether a party has satisfied any condition precedent to arbitration (including § C.1); and (d) which version of these Terms applies.

YOU AND AKSTON AGREE TO BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims or preside over any form of representative or class proceeding.

YOU AND AKSTON WAIVE THE RIGHT TO A TRIAL BY JURY. If the class-action waiver in this section is found unenforceable as to a particular claim or request for relief, that claim or request will be severed from arbitration and resolved in court, and the rest of this arbitration agreement will remain in force.

Each party will bear its own attorneys’ fees and costs in arbitration unless the arbitrator finds that a claim was frivolous or asserted for an improper purpose, in which case the arbitrator may shift fees consistent with Federal Rule of Civil Procedure 11(b). Your share of arbitration filing and administrative fees will be limited to the amount you would have paid to file a lawsuit in court in the county where you reside; Akston will pay the remainder as required by JAMS rules.

You can opt out of this arbitration agreement by sending written notice within 30 days of first accepting these Terms to team@akston.ai or by mail to the address in Part D § 11. Your notice must include your full name, the email associated with your account, and a clear statement that you want to opt out. If you opt out, the rest of these Terms — including the class-action waiver — will still apply, except that disputes will be resolved in court. Opting out of arbitration has no effect on any other arbitration agreement you may have with us.

If any part of this arbitration agreement (other than the class-action waiver) is found unenforceable, that part will be severed and the rest will remain in force. This arbitration agreement survives termination of these Terms.

The Site and the Service are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, Akston and its suppliers disclaim all warranties, express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement. Akston does not warrant that the Site or the Service will be uninterrupted, error-free, secure, free of viruses or other harmful components, or that outputs will be accurate or meet your requirements.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

To the maximum extent permitted by applicable law, Akston and its suppliers will not be liable to you for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any lost profits, lost revenue, lost data, or cost of substitute goods or services, even if advised of the possibility of such damages and even if a remedy fails of its essential purpose.

To the maximum extent permitted by applicable law, Akston’s total liability to you for all claims arising out of or relating to these Terms, the Site, or the Service (regardless of the form of action) will not exceed the greater of (a) the fees you paid to Akston in the 12 months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.

The Akston name, logo, and related marks are trademarks of Akston Company. You may not use them without our prior written consent. All rights not expressly granted in these Terms are reserved by Akston.

We may update these Terms from time to time. If we make a material change, we will provide reasonable advance notice by email to the address associated with your account and/or by in-app notice before the change takes effect. Your continued use of the Site or the Service after the effective date of the change constitutes acceptance of the updated Terms. If you do not agree to a change, you may stop using the Service and, if applicable, cancel your subscription before the change takes effect.

You consent to receive communications from us electronically, including emails, in-app messages, and notices posted on the Site, and you agree that all such communications satisfy any legal requirement that a communication be in writing. Notices to us should be sent to team@akston.ai or by mail to the address in § 11.

Akston respects the intellectual property of others. If you believe that content stored or processed through the Service infringes your copyright, please email team@akston.ai with the subject line “Copyright Complaint” and include: (a) your contact information (name, address, telephone, email); (b) identification of the copyrighted work you claim has been infringed; (c) identification of the allegedly infringing material and information reasonably sufficient for us to locate it; (d) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; (e) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf; and (f) your physical or electronic signature.

We will review valid notices in good faith and may remove or disable access to allegedly infringing material and, in appropriate circumstances, terminate accounts of repeat infringers. Knowingly submitting a false notice may subject you to liability under 17 U.S.C. § 512(f).

You may not access or use the Site or the Service in a country subject to a comprehensive U.S. embargo, and you may not use the Site or the Service to export or re-export any data or technology in violation of U.S. export control laws. You represent that you are not located in a prohibited country and are not on any U.S. government restricted-party list.

These Terms and any dispute arising out of or relating to them, the Site, or the Service are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Subject to Part C, the state and federal courts located in San Diego County, California have exclusive jurisdiction over any action not subject to arbitration.

You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent, and any attempted assignment without consent is void. We may assign these Terms without restriction, including to a successor in connection with a merger, acquisition, or sale of assets.

These Terms, together with any other terms we link from them (including our Privacy Policy and the Pricing page), are the entire agreement between you and Akston regarding the Site and the Service and supersede any prior agreements. Our failure to enforce any provision is not a waiver of our right to do so later. If any provision is found unenforceable, the remaining provisions will remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to be enforceable. The section titles are for convenience only. “Including” means “including without limitation.” You and Akston are independent contractors, not partners, joint venturers, or agents of each other.

California residents may also report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.