Terms of Service

Legal Agreement Summary for Akaian

Akaian is a brand run by ECOMG LLC. These terms of service apply when you use our website at https://akaian.com and any connected services or products.

Using our services means you've read and accepted these terms. If you don't agree with them, don't use our platform.

For questions, email support@akaian.com or call +19785844283. We aim to respond within 24 hours during our standard business hours: 9AM to 5PM EST, Monday to Friday.

These terms may change for legal, technical, or business reasons. We'll let you know about updates through the website or your contact information. Continuing to use our services after changes means you accept the new terms.

You must be at least 18 years old to use our services. Anyone under 18 cannot register or use the platform.

Consider keeping a copy of these terms for your reference.

1. OUR SERVICES

Our services are available where legally allowed. If you're in a location with special legal requirements, you're responsible for ensuring your usage follows local regulations.

Important: Our platform isn't built to comply with specialized regulations like HIPAA, FISMA, or the Gramm-Leach-Bliley Act. If your organization must follow these standards, our services probably aren't right for you.

2. INTELLECTUAL PROPERTY

All elements of our platform, including software, content, design, audio, visuals, and branding - belong to us or are used under license. Our name, logo, and trademarks are also protected.

These items are safeguarded by intellectual property laws in the U.S. and worldwide. You can use them only for personal, non-business purposes.

You receive a restricted, temporary license that can't be transferred or shared, allowing you to:

• Use and access our services
• Save or print allowed content for personal use only

You cannot copy, change, share, display, publish, or use our content commercially without explicit written approval.

To request commercial usage rights, contact support@akaian.com. If approved, you must provide proper credit and keep all copyright information visible.

We retain all rights not specifically granted to you. Using our content or trademarks without permission may lead to immediate account closure and potential legal consequences.

3. CONTENT YOU SUBMIT

Read this section along with our prohibited activities rules before sending us anything.

When you share feedback, suggestions, questions, or other content with us, you give us complete rights to use, edit, and distribute that material as we choose, including commercially, without paying or crediting you.

When submitting content, you verify that:

• It's your original creation or you have proper authorization to share it
• It doesn't include private or sensitive details
• You accept complete accountability for what you send us

You also protect us from any legal issues or claims related to your submissions, including copyright violations or law breaking.

4. USER RESPONSIBILITIES

Using our services means you confirm:

• You're legally able to enter this agreement
• You're an adult in your jurisdiction
• You won't use automated programs, bots, or scripts with our services
• You won't use our platform for illegal or unauthorized activities
• You'll follow all relevant laws and regulations

We can suspend or close your account without warning if you provide false, misleading, outdated, or incomplete information.

5. PRODUCT INFORMATION

We strive to show products accurately, including colors, features, and details. However, perfect representation isn't guaranteed. Colors especially may look different on various devices or displays.

Product stock can change unexpectedly. We may modify, discontinue, or remove products anytime. Pricing can also change without advance notice.

6. PURCHASE & PAYMENTS

See our separate Billing Terms & Conditions for purchase and payment details.

7. RETURN & REFUND POLICY

Review our Return & Refund policy before making any purchases.

8. PROHIBITED ACTIVITIES

• Scrape or systematically collect our data to build databases without permission
• Deceive us or others to gain unauthorized access to accounts or sensitive data
• Circumvent or interfere with security measures or usage limits
• Make false or damaging statements about us or our services
• Use our platform data to harass, abuse, or threaten people
• Misuse customer support or file fraudulent complaints
• Violate any laws while using our services
• Embed or link our services on external sites without approval
• Distribute harmful software, viruses, or spam
• Use automated programs except through standard browsers or search engines
• Strip away copyright or trademark notices
• Pretend to be someone else or use others' credentials
• Include hidden tracking code or spyware in content
• Overload or attack our servers or networks
• Harass our staff or business partners
• Hack, reverse-engineer, or tamper with our software
• Create unauthorized tools that automatically interact with our services
• Have others make purchases or act for you without permission
• Make fake accounts or harvest contact information for unsolicited messages
• Interfere with our business or engage in unauthorized commercial activities

9. USER CREATED CONTENT

Though uncommon, you may sometimes submit content like text, suggestions, images, videos, or audio to us. This content might be displayed publicly or shared across platforms according to our Privacy Policy.

When contributing content, you confirm:

• You own it or have proper rights to share it and let others use it as outlined
• It doesn't violate copyrights, trademarks, patents, or trade secrets
• Any people shown have given written consent
• The information is truthful and not misleading
• You're not advertising or sending spam
• It's respectful and doesn't contain defamatory, abusive, hateful, harassing, threatening, obscene, or violent material
• It follows all laws and respects privacy, especially regarding minors and protected groups
• It doesn't include discriminatory language based on race, gender, nationality, disability, or sexual orientation
• It doesn't link to or promote illegal activities or rule violations

We can remove content that breaks these rules and may restrict or suspend access for repeated or serious violations.

10. CONTRIBUTION LICENSE

When you submit content, suggestions, or feedback, you permit us to access, store, process, and use that material according to our privacy policy and your chosen settings.

Sharing feedback or ideas grants us unrestricted usage rights for any purpose, including service improvements, without payment or credit to you. While you keep ownership of your contributions and intellectual property, you cannot hold us responsible for how we use them.

You're entirely responsible for your submissions. If your content leads to legal claims or disputes, you must defend us and cover any related costs.

11. GUIDELINES FOR REVIEWS

When posting reviews or ratings, please follow these guidelines:

• Write based on your actual personal experience
• Use respectful language without offensive, discriminatory, or hateful content
• Don't include illegal references or criminal activity mentions
• Avoid promoting competitors or posting with conflicts of interest

We can reject or delete any review without explanation, but we're not required to monitor or moderate reviews. Reviews represent individual user opinions, not our company's views. We're not liable for any harm resulting from user reviews.

Submitting a review grants us permanent, worldwide, royalty-free rights to use, publish, display, translate, modify, or distribute your review in any format. These rights are transferable.

12. EXTERNAL LINKS AND CONTENT

Our services may contain links to outside websites or feature third-party content like articles, images, videos, or software. We don't control these external platforms and can't verify their accuracy, security, or reliability.

Including third-party links is purely for convenience and doesn't mean we endorse them. Interacting with these external sites is entirely your responsibility and risk.

Review their terms and privacy policies before engaging or purchasing. Any dealings with third-party platforms are solely between you and them - we're not responsible for resulting issues.

Using third-party services through our platform means you agree we're not liable for any resulting losses, damages, or disputes. You also agree to protect us from any claims related to your use of external services.

13. MANAGING THE SERVICES

We reserve the right, but are not obligated to take the following steps to help protect the integrity of the Services:

• Monitor platform activity to spot rule violations
• Act against users who break laws or our terms, including contacting authorities
• Limit, suspend, or block access to any service features through technical measures

We can take these steps whenever we choose without giving reasons or advance warning.

14. PRIVACY POLICY

Your personal information matters to us. Check our privacy policy to learn how we collect, use, and safeguard your data. Using our services means you accept that privacy policy, which forms part of these legal terms.

Important: Our services operate from Canada. Users outside Canada agree to have their information transferred and processed there under our Privacy Policy terms.

15. TERMINATION

These terms stay active while you use our services. We can limit or end your access anytime for any reason, including rule or law violations. This might involve IP blocking or account deletion, with or without warning.

After account termination, you cannot create new accounts under your name, someone else's name, or fake identities, even representing others.

Serious violations may lead to additional legal action, including civil or criminal cases.

16. CHANGES & SERVICES INTERRUPTIONS

We can modify, update, or eliminate service features anytime without advance notice. This covers feature changes, pricing adjustments, or completely stopping services. Though we try to maintain smooth operations, we don't guarantee current content or uninterrupted access.

You may encounter downtime from technical problems, maintenance, or unexpected issues. We can suspend or alter access as we see fit and aren't responsible for resulting losses or inconvenience. These terms don't promise continued support, updates, or bug repairs.

17. GOVERNING LAW

U.S. law governs these terms and your service usage. Any legal disputes will be resolved under American law, no matter where you're located.

18. DISPUTE RESOLUTION

Informal Resolution First

Before taking formal legal action over any disagreement related to these terms, both parties must attempt informal resolution. This requires written notice of the problem followed by good-faith negotiations for at least 30 days before proceeding to arbitration or court.

Binding Arbitration

If informal resolution fails, disputes will be settled through binding arbitration (with some exceptions noted below). This means both parties give up the right to jury trials or court proceedings.

The arbitration follows American Arbitration Association (AAA) Commercial Rules and Consumer procedures when applicable. If arbitration costs are deemed excessive, the company will pay them. The process can occur by phone, online, in writing, or in person. The arbitrator provides written decisions with explanations if both parties request them.

Arbitration takes place in Wyoming unless laws or AAA rules specify otherwise. Courts can only get involved in limited situations like enforcing arbitration decisions.

Any court cases must be filed in Wyoming state or federal courts. Both parties accept Wyoming court jurisdiction.

These terms don't fall under UCITA or UN Convention on International Sale of Goods. All claims must be filed within one year of the triggering incident.

Arbitration Restrictions

Arbitration applies only to individual disputes. By law:

• No group or class action arbitrations allowed
• Cannot represent others or the public
• Cases cannot be combined with other disputes

ArbitrationExceptions

Some issues bypass informal resolution and arbitration:

• Intellectual property disputes
• Theft, data misuse, or unauthorized access claims
• Requests for court injunctions

If any part of this section is unenforceable, those specific issues will be handled in court as described above.

19. CORRECTIONS

Despite our efforts to maintain accuracy, our services may contain typos, outdated information, or missing details in product descriptions, pricing, or inventory. We can fix or update this content anytime without notice, including making changes to any service features.

20. DISCLAIMER

Services are provided "as is" and "as available." You use them at your own risk.

We disclaim all warranties to the maximum legal extent, including implied warranties of merchantability, fitness for specific purposes, and non-infringement.

We don't guarantee:

• Content accuracy or completeness on our services or linked sites
• Service reliability or availability
• Protection against unauthorized access or data misuse
• Freedom from harm or damage from service use

We don't endorse third-party products, services, or ads on our platform. Transactions with external sellers are solely between you and them. Exercise caution when dealing with unfamiliar parties or making online purchases.

21. LIMITATIONS OF LIABILITY

To the fullest legal extent, Akaian and its directors, employees, or representatives aren't liable for any damages - direct, indirect, incidental, special, consequential, or punitive - from your service use. This covers profit loss, revenue loss, data loss, or other intangible losses.

Our total liability to you never exceeds what you've paid us, if anything.

Some jurisdictions don't permit warranty exclusions or damage limitations. If these laws apply to you, parts of this section may not apply, and you may have additional local rights.

22. INDEMNIFICATION

By using our Services, you accept full responsibility for:

• How you use the Services,
• Any breach of these Terms, and
• Any false or misleading information you provide.

You agree to defend and indemnify Akaian and its affiliates, officers, partners, agents, and employees against any claims, damages, losses, or expenses (including reasonable legal fees) made by third parties due to your actions, conduct, or content.

We may choose to take control of any matter subject to your indemnification, at your expense, and you agree to fully cooperate in such defense. We will make reasonable efforts to notify you of any such claims.

23. USER DATA

We may store certain data you provide or generate while using our Services to operate effectively. Although we perform routine backups, you are solely responsible for keeping your data accurate and secure.

Akaian is not liable for any loss or corruption of data, and you waive any claims against us for such issues.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS & SIGNATURES

When you use our site, submit forms, or email us, you are communicating electronically and consent to receive electronic communications in return.

You agree that all agreements, disclosures, notices, and records sent electronically by Akaian carry the same legal effect as if in writing. This includes the use of electronic signatures and contracts. You waive any legal requirement for physical documents or handwritten signatures.

25. CALIFORNIA USERS

If you live in California and wish to file a complaint, you may contact the Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs by phone or in writing. Please check their official website for current contact details.

26. MISCELLANEOUS

These Terms, along with any posted policies or operating rules, form the complete agreement between you and Akaian regarding your use of the Services.

If we choose not to enforce any part of these Terms at a given time, it does not mean we waive our right to enforce it later. These Terms apply to the fullest extent allowed by law.

We may transfer or assign our rights and obligations under these Terms at any time. We are not responsible for delays or failures caused by circumstances outside our reasonable control.

If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect.

Using our Services does not create any partnership, joint venture, or employment relationship between you and Akaian. These Terms will not be interpreted against us simply because we drafted them, and you agree that digital agreements carry the same weight as written contracts.

27. CONTACT US

If you have any questions about these Terms or your use of our Services, please visit our Contact Us page or reach out using the details below. We’re here to help.