Effective Date: May 24, 2025
Welcome to Akapulu ("Akapulu", "we", "us", or "our")! These Terms of Service ("Terms") govern your access to and use of our application, websites, APIs, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy (available at /privacy). Please read them carefully. If you do not agree to these Terms, do not use the Service.
By creating an account, clicking "I agree", or using the Service, you represent that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" and "your" will refer to that organization.
You must register for an account to access most features of the Service. You agree to provide accurate, current, and complete information during registration and keep your account information updated. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account. Our Service is intended for adults (18 years or older) and is not directed to children.
You may terminate your account at any time by contacting us or through your account settings (if available). We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, at any time, for any reason or no reason, including, but not limited to, if you violate these Terms or fail to pay applicable fees. Upon termination, your right to use the Service will immediately cease, and we may delete your account and associated data according to our data retention practices outlined in the Privacy Policy. Sections related to Intellectual Property, Disclaimers, Limitation of Liability, Indemnification (if added), Governing Law, and Dispute Resolution shall survive termination.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AKAPULU DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THE SERVICE AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AKAPULU, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (c) ANY CONTENT OBTAINED FROM THE SERVICE; OR (d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, AKAPULU'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNTS PAID BY YOU TO AKAPULU FOR THE USE OF THE SERVICE IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. You agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service informally by contacting us at support@akapulu.com. If the dispute is not resolved within sixty (60) days after contacting us, then you and Akapulu agree that any judicial proceeding to resolve claims relating to these Terms or the Service will be brought exclusively in the federal or state courts located in San Mateo County, California, subject to the mandatory arbitration provisions below [Note: Add if opting for arbitration]. Both parties consent to venue and personal jurisdiction in such courts.
We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice through the Service interface, by email to the address associated with your account, or by updating the "Effective Date" at the top of these Terms. Your continued use of the Service after such modifications constitutes your acceptance of the revised Terms.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Akapulu regarding the Service. If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. You may not assign these Terms without our prior written consent, but we may assign these Terms without restriction.
If you have any questions about these Terms, please contact us at support@akapulu.com