Terms of Service
Effective Date: October 9, 2026
Last Updated: October 9, 2026
Introduction
Welcome to Akari Nexus.
These Terms of Use ("Terms") govern your access to and use of Akari Nexus, an artificial intelligence-powered platform owned and operated by Innovate360 Marketing ("Company," "we," "us," or "our").
Akari Nexus provides AI-powered orchestration, autonomous and supervised agents, browser automation, connected applications, cloud computing environments, digital project management, content generation, workflow automation, and related tools and services (collectively, the "Services").
By creating an account, purchasing a subscription, connecting an external service, or otherwise accessing Akari Nexus, you agree to these Terms and any applicable supplemental agreements.
These Terms form a legally binding agreement between you and Innovate360 Marketing.
If you use Akari Nexus on behalf of a business or organization, you represent that you have authority to enter into this agreement on its behalf.
Certain enterprise, API, and custom commercial services may be governed by a separate Master Services Agreement ("MSA"), Data Processing Agreement ("DPA"), or Order Form. Where such agreements conflict with these Terms, the applicable negotiated agreement will control.
IMPORTANT NOTICE FOR U.S. USERS: Section 18 contains a binding arbitration agreement and waiver of class actions and jury trials. These provisions affect how disputes between you and Akari Nexus are resolved. You may opt out of arbitration within the period described in Section 18.
Subscriptions automatically renew unless canceled. Payments and purchased credits are generally non-refundable, except where required by applicable law or expressly provided in these Terms.
1. Artificial Intelligence Disclaimer
1.1 Nature of Artificial Intelligence
Akari Nexus uses artificial intelligence, machine learning, large language models, automated software, and third-party technology providers to perform tasks.
You acknowledge that AI systems are probabilistic and may produce inaccurate, incomplete, inappropriate, outdated, or unexpected results.
AI agents may misunderstand instructions, make incorrect decisions, execute unintended actions, or fail to complete requested tasks.
Akari Nexus does not guarantee that AI-generated content, recommendations, software, research, decisions, or actions will be accurate, complete, reliable, suitable, or error-free.
1.2 User Responsibility
You are responsible for reviewing and evaluating AI-generated output before relying on it.
You remain responsible for the instructions you provide, the permissions you grant, the configurations you select, and the decisions you make based on results generated by the Services.
You acknowledge that autonomous agents may execute multiple actions within the permissions and instructions you authorize.
To the fullest extent permitted by law, Akari Nexus is not responsible for losses arising solely from your reliance on inaccurate or unsuitable AI-generated content.
1.3 Human Oversight
Certain activities may require explicit user approval, confirmation, or authorization.
Approval requirements may depend on the task, integration, workspace configuration, account permissions, or applicable safety policies.
You are responsible for understanding and selecting appropriate permissions and reviewing actions before approval.
The availability of approval mechanisms does not guarantee that all potential mistakes, harmful outcomes, or unauthorized activities can be prevented.
1.4 Professional Advice
Akari Nexus does not independently provide legal, medical, financial, investment, or other regulated professional advice.
AI-generated information must not be treated as a substitute for qualified professional judgment.
You are responsible for obtaining professional advice where appropriate.
2. Eligibility, Accounts, and Access
2.1 Eligibility
You must be at least 18 years old and legally capable of entering into a binding contract to use the Services.
You must comply with the laws and regulations applicable to your location and intended use.
2.2 Account Registration
You agree to provide accurate, complete, and current account information.
You are responsible for maintaining the confidentiality of your passwords, authentication credentials, API keys, and other account access information.
You must notify Akari Nexus promptly if you become aware of unauthorized account access or a security incident affecting your account.
2.3 Account Activity
You are responsible for activities conducted through your account or through users, agents, integrations, and systems operating under permissions that you authorized, except to the extent responsibility arises from Akari Nexus's own breach of applicable obligations.
You may not provide unauthorized access to your account, impersonate another user, or misrepresent your identity.
2.4 Organizations and Multi-Tenant Accounts
Akari Nexus may allow businesses and organizations to create and manage multiple users, teams, portfolios, sites, projects, and computing environments.
Organization administrators may manage user permissions, allocate available credits, authorize integrations, assign resources, establish workflows, and control access to organization-managed information.
You acknowledge that organization administrators may have access to account activity, billing information, usage records, work products, and organization-managed resources according to configured permissions.
Organizations are responsible for managing their authorized users and ensuring that access permissions remain appropriate.
2.5 Account Security and Suspension
Akari Nexus may suspend, restrict, or disable account access where reasonably necessary to investigate suspected fraud, security threats, unauthorized activity, violations of these Terms, or legal requirements.
Where appropriate and legally permitted, we may provide notice and an opportunity to resolve the issue.
3. License and Permitted Use
3.1 Limited License
Subject to your compliance with these Terms and payment of applicable fees, Akari Nexus grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Services for lawful personal or business purposes.
This license does not transfer ownership of Akari Nexus software, infrastructure, proprietary systems, models, orchestration technology, interfaces, or intellectual property.
3.2 Restrictions
You must not:
- Reverse engineer, decompile, copy, or reproduce proprietary portions of the Services except where applicable law expressly permits.
- Resell, lease, sublicense, or commercially redistribute the Akari Nexus platform without authorization.
- Circumvent authentication, security controls, permissions, rate limits, billing systems, or usage restrictions.
- Access another customer's account, private workspace, credentials, data, or resources without authorization.
- Use automated methods to exploit platform vulnerabilities or obtain unauthorized services or credits.
- Introduce malicious software, intentionally disrupt infrastructure, or interfere with other customers.
- Misrepresent Akari Nexus or its third-party providers as endorsing content or projects without authorization.
3.3 Prohibited AI Uses
You may not use Akari Nexus to facilitate unlawful or materially harmful activities.
Prohibited uses include:
- Creating, distributing, or facilitating AI-generated non-consensual intimate imagery, including sexual deepfakes and digital undressing.
- Producing or distributing child sexual abuse or exploitation material.
- Conducting fraud, identity theft, phishing, unlawful impersonation, or deceptive financial activity.
- Conducting unauthorized surveillance, credential theft, or unlawful data collection.
- Developing or deploying malware or conducting unauthorized cyberattacks.
- Facilitating unlawful harassment, threats, exploitation, or discrimination.
- Violating applicable intellectual property, privacy, consumer protection, or communications laws.
- Circumventing third-party access controls or other technical safeguards.
Akari Nexus may block, restrict, investigate, or suspend activity reasonably believed to violate these restrictions.
4. AI Agents, Automation, and Authorized Actions
4.1 Agent Capabilities
Akari Nexus may allow customers to configure and operate AI supervisors, subagents, browser agents, coding agents, research agents, workflow agents, and other automated systems (collectively, "Agents").
Agents may perform tasks such as researching information, interacting with websites, editing files, developing software, managing digital resources, communicating with third parties, and executing approved workflows.
4.2 Authorization
By instructing or configuring an Agent, you authorize Akari Nexus to perform actions reasonably necessary to execute your instructions within the permissions, settings, and approval requirements you select.
You represent that you possess the necessary legal rights and authority to provide the instructions, access, data, and permissions involved.
4.3 Responsibility for Agent Actions
You acknowledge that actions performed by Agents may be legally attributed to you or your organization.
You are responsible for reviewing and approving transactions, communications, publications, file modifications, and other activities where required.
Agent actions may produce unintended consequences even when the Agent follows your general instructions.
Akari Nexus does not guarantee successful completion of requested tasks or the absence of unintended outcomes.
4.4 Approval Requirements
Akari Nexus may implement approval checkpoints for activities such as:
- Making purchases or financial commitments.
- Sending external communications.
- Publishing or modifying public content.
- Changing sensitive account settings.
- Executing code or commands.
- Deleting, replacing, or transferring files.
- Performing other activities designated as sensitive.
Approval requirements may vary according to the available Services, workflow settings, and applicable policies.
An approval authorizes the specific action or defined scope presented for approval, subject to any additional permissions and limitations.
Akari Nexus may decline, pause, or require additional confirmation before executing an action.
4.5 Third-Party Transactions
If you authorize an Agent to purchase goods, subscribe to services, or conduct another transaction with a third party, the transaction is generally between you and the third-party provider.
Unless Akari Nexus expressly identifies itself as the seller, Akari Nexus is not the seller or merchant of record for such transactions.
You are responsible for reviewing prices, purchase conditions, payment details, taxes, cancellation terms, and third-party refund policies.
4.6 Communications
You are responsible for communications authorized through your Agents, including emails, messages, submissions, marketing activities, and published statements.
You must obtain any permissions and consents required by applicable communications, marketing, and privacy laws.
You may not use Akari Nexus for unlawful spam, harassment, deception, or unsolicited communications.
4.7 Revocation
You may revoke supported permissions or disconnect resources through available account settings.
Revoking access does not reverse transactions, messages, publications, or other actions already completed.
5. Connected Accounts and Third-Party Resources
5.1 Connected Resources
Akari Nexus may allow you to connect third-party accounts, applications, browsers, cloud services, communication platforms, repositories, storage systems, databases, devices, and other resources ("Connected Resources").
By connecting these resources, you authorize Akari Nexus to access and process the information and perform the actions necessary to provide the functionality you request, within the permissions granted.
5.2 Third-Party Compliance
You are responsible for ensuring that you are authorized to connect and use each Connected Resource.
Your use of third-party services remains subject to the applicable provider's terms, privacy policies, technical restrictions, and legal requirements.
Akari Nexus does not authorize you to bypass third-party security measures, access restrictions, rate limits, or authentication systems.
5.3 Data Access and Processing
Akari Nexus may access information from Connected Resources as needed to perform authorized tasks.
The categories of information collected, purposes of processing, storage practices, and applicable sharing arrangements are described in our Privacy Policy and relevant integration disclosures.
Access to one Connected Resource does not automatically authorize access to unrelated resources.
5.4 Third-Party Availability
Akari Nexus is not responsible for third-party service interruptions, policy changes, account restrictions, revoked permissions, pricing changes, or failures outside our reasonable control.
We do not guarantee that a third-party integration will remain available or compatible indefinitely.
5.5 Disconnecting Integrations
You may disconnect supported integrations through available settings.
Disconnecting an integration may interrupt existing automations or prevent tasks from being completed.
Information previously processed through the integration may remain subject to applicable retention, deletion, legal, and security requirements.
6. Computing Environments and Hosted Workspaces
6.1 Workspace Services
Akari Nexus may provide isolated computing environments, browser sessions, storage, software execution capabilities, and other infrastructure resources ("Workspaces").
Workspaces may allow Agents to create, inspect, modify, execute, or manage files and software.
6.2 Authorized Use
You may use Workspaces only for lawful and authorized activities consistent with these Terms.
You must not attempt to access other customers' environments, interfere with infrastructure, run unauthorized resource-intensive activities, or compromise platform security.
6.3 Resource Limits
Workspaces may be subject to compute, memory, processing, execution, storage, network, duration, and concurrency limits.
These limits may vary by subscription, purchased resources, availability, or operational conditions.
Akari Nexus may enforce, adjust, or restrict resource limits to preserve service stability, security, and commercial sustainability.
6.4 Workspace Security
Akari Nexus may provide technical controls designed to separate customer environments and restrict unauthorized resource access.
No computing environment or security control is guaranteed to prevent every possible vulnerability, interruption, or security incident.
Each party remains responsible for its own security obligations under applicable law and agreements.
6.5 Workspace Data
You are responsible for maintaining appropriate copies and backups of important files and information.
Akari Nexus does not guarantee indefinite storage of Workspace contents unless expressly provided by an applicable service agreement.
Workspace retention and deletion are subject to our published retention rules, Privacy Policy, and applicable law.
7. Customer Projects, Websites, and Applications
7.1 Customer Projects
Akari Nexus may enable customers to create, connect, manage, publish, host, maintain, or automate websites, applications, databases, digital products, and other projects ("Customer Projects").
7.2 Customer Responsibility
You are the independent owner or operator of your Customer Projects, subject to third-party intellectual property rights and applicable licensing restrictions.
Akari Nexus provides platform capabilities but does not automatically become the publisher, operator, seller, or merchant of record for your projects.
You are responsible for the legality, accuracy, maintenance, security configuration, and operation of your projects.
7.3 End Users
You are responsible for providing any necessary terms of use, privacy policies, cookie disclosures, refund policies, and other required information to users of your Customer Projects.
You are also responsible for customer support, transactions, disputes, legal compliance, and the collection and processing of end-user information where you act as the data controller or equivalent responsible party.
7.4 External Services and Payments
If a Customer Project integrates a payment processor, authentication provider, content management system, or other external service, you are responsible for obtaining the necessary accounts and permissions and complying with applicable provider requirements.
Unless expressly agreed otherwise, Akari Nexus does not assume liability for transactions between you and your end users.
7.5 Domains and Publishing
Domain registration, management, deployment, hosting, and publishing may depend on third-party providers.
Akari Nexus does not guarantee domain availability, successful transfers, uninterrupted hosting, or permanent compatibility with external services.
Where Akari Nexus provides domain-related services, applicable registrar and registry policies will also apply.
8. Subscription Plans and Billing
8.1 Subscription Services
Certain Akari Nexus features may require a paid subscription, purchased credits, additional usage charges, or a separate commercial agreement.
Available plans, pricing, usage allowances, limits, and included features will be displayed through the Services or specified in an applicable Order Form.
8.2 Automatic Renewal
Paid subscriptions automatically renew at the end of each billing period unless canceled before renewal.
By purchasing a recurring subscription, you authorize Akari Nexus and its designated payment processor to charge the applicable recurring fees to your selected payment method.
Billing periods may be monthly, annual, or otherwise specified at purchase.
8.3 Cancellation
You may cancel future subscription renewal through available account billing controls or by contacting the designated support channel.
Unless otherwise stated at purchase or required by law, cancellation becomes effective at the end of the current paid billing period.
Cancellation does not automatically entitle you to a refund for the current subscription period.
8.4 Pricing Changes
Akari Nexus may change subscription prices, billing methods, available plans, and commercial offerings.
Price changes affecting an existing recurring subscription will generally take effect on a future renewal and will be communicated with reasonable advance notice or as required by law.
Continued use after a properly notified price change takes effect constitutes acceptance of the revised pricing, to the extent permitted by law.
8.5 Failed Payments
If a payment fails, Akari Nexus may retry the payment, provide a grace period, restrict paid features, suspend services, or terminate an unpaid subscription.
Access to data or resources following payment failure may be subject to applicable retention and recovery rules.
8.6 Taxes
Unless expressly stated otherwise, listed prices exclude applicable sales, use, value-added, and similar transaction taxes.
You are responsible for taxes associated with your purchases, except taxes imposed on Akari Nexus's income.
8.7 Payment Processing
Akari Nexus may use third-party payment processors to collect payments, manage subscriptions, and conduct fraud prevention.
Your payment transactions may also be subject to the applicable processor's terms and privacy policy.
9. Credits and Usage-Based Services
9.1 Credit-Based System
Akari Nexus may operate using credits, usage allowances, or other metered units ("Credits").
Credits may be included in subscriptions, purchased separately, granted through promotional programs, or allocated by organization administrators.
9.2 Credit Consumption
Credits may be consumed when using AI models, Agents, browser automation, computing resources, research capabilities, software execution, integrations, and other metered features.
The number of Credits required for a task may depend on factors including:
- Selected AI model or provider.
- Processing complexity.
- Input and output size.
- Task execution duration.
- Number of Agent operations.
- Computing or browser resources consumed.
- Third-party service usage.
- Other relevant technical or operational factors.
9.3 No Guaranteed Output per Credit
A Credit does not represent a guaranteed quantity of output, processing time, task completions, or computing resources unless expressly specified for a particular offering.
Akari Nexus does not guarantee that a given number of Credits will complete a particular task.
9.4 Credit Pricing and Adjustments
Akari Nexus reserves the right to establish, modify, increase, or decrease Credit consumption rates and resource pricing.
Consumption rates may change in response to underlying provider costs, model availability, infrastructure expenses, system demand, or operational requirements.
Such changes may occur with or without advance notice, except where notice or another limitation is required by applicable law or a binding commercial agreement.
9.5 Credit Expiration
Credits may have different expiration periods depending on whether they were purchased, included in a subscription, granted through a promotion, or otherwise allocated.
Applicable expiration periods and renewal rules will be described in the plan terms, Credit Rules, or purchase disclosures.
Unused Credits may expire according to those terms and are not guaranteed to carry forward indefinitely.
9.6 Credit Allocation
Organization administrators may allocate Credits or usage allowances among authorized users where supported.
Such internal allocation does not create an unrestricted right to transfer, sell, or exchange Credits outside the organization.
9.7 Credit Restrictions
Credits have no cash value and may not be redeemed for currency, resold, or transferred to another account except through functionality expressly authorized by Akari Nexus.
Akari Nexus may invalidate Credits obtained through fraud, abuse, billing errors, or unauthorized activity.
9.8 Usage Estimates
Any estimated Credit consumption or task cost is informational unless expressly designated as a binding price.
Actual consumption may differ from estimates.
Akari Nexus may correct demonstrable billing errors, inaccurate usage records, or improperly assessed charges.
10. Refund Policy
10.1 General Policy
Except where required by applicable law or expressly stated in a written offer, all payments for subscriptions, Credits, usage-based services, and other paid features are final and non-refundable.
Purchasing a subscription or Credits does not guarantee that a particular task will be completed successfully or that the Services will produce a particular commercial result.
10.2 Subscription Refunds
Unless required by law or otherwise expressly agreed, Akari Nexus does not provide refunds or prorated credits for:
- Partially used subscription periods.
- Unused time remaining after cancellation.
- Failure to use available subscription features.
- Dissatisfaction with otherwise properly delivered features.
- Changes in personal or business circumstances.
- Unused subscription allowances.
Cancellation ordinarily prevents future renewal charges but does not reverse charges already incurred.
10.3 Purchased Credits
Purchased Credits are generally non-refundable.
Unused Credits do not automatically qualify for refunds.
Credits consumed through authorized task execution ordinarily remain consumed even where results do not meet a customer's subjective expectations.
10.4 Exceptional Refunds
Akari Nexus may, at its sole discretion, review requests for partial or full refunds in exceptional circumstances.
Any discretionary refund may take into account unused Credits, services already delivered, promotional discounts, third-party expenses, and other relevant circumstances.
Approval of one refund does not establish an entitlement to future refunds.
10.5 Refund Restrictions
Subject to applicable law, Akari Nexus may decline discretionary refunds where:
- Credits or Services have already been consumed.
- The account was suspended for fraud or serious policy violations.
- The purchase was part of a non-refundable promotional offer.
- The request involves repeated or abusive refund activity.
- A comparable refund has already been provided.
10.6 Billing Errors
Claims involving duplicate charges, incorrect billing amounts, or unauthorized transactions will be reviewed separately.
Nothing in these Terms limits rights available under applicable payment laws, consumer protection laws, or card network rules.
10.7 Statutory Consumer Rights
Consumers in the European Union, United Kingdom, Turkey, or other jurisdictions may have statutory cancellation, withdrawal, or refund rights.
Where such rights apply, they take precedence over conflicting restrictions in these Terms.
Applicable rights may depend on the type of service, date of purchase, commencement of digital service delivery, and any legally valid consent or acknowledgment obtained at checkout.
10.8 Refund Processing
Approved refunds will ordinarily be returned to the original payment method.
Processing times may vary depending on the payment provider and financial institution.
10.9 Refund Requests
Refund inquiries may be submitted to contact@akarinexus.com.
Akari Nexus may request information reasonably necessary to verify the transaction and evaluate the request.
11. Customer Content and Intellectual Property
11.1 Customer Input
You may submit prompts, files, documents, instructions, software, images, messages, data, and other material to the Services ("Input").
You represent that you own or have sufficient rights and permissions to provide and process your Input.
11.2 Generated Output
The Services may generate documents, software, code, analyses, research, images, websites, workflows, recommendations, and other results ("Output").
Input and Output are collectively referred to as "Customer Content."
11.3 Content Ownership
As between you and Akari Nexus, Akari Nexus does not claim ownership of your Customer Content.
Subject to applicable law, third-party rights, and the licenses in these Terms, you retain your rights in your Input and Output.
AI-generated Output may not be unique, and similar content may be generated for other customers.
Akari Nexus does not guarantee that Output qualifies for copyright, patent, or other intellectual property protection.
11.4 License to Operate the Services
You grant Akari Nexus and its authorized service providers a non-exclusive, worldwide, royalty-free license to host, store, copy, process, transmit, display, modify, and otherwise use Customer Content as reasonably necessary to:
- Provide and operate the Services.
- Fulfill authorized Agent instructions.
- Maintain platform functionality.
- Diagnose errors and address security incidents.
- Enforce these Terms.
- Develop and improve the Services in accordance with the Privacy Policy and applicable customer agreements.
- Comply with applicable legal obligations.
This license does not transfer ownership of Customer Content to Akari Nexus.
11.5 Third-Party AI Providers
Akari Nexus may use third-party AI models and technology providers to process customer requests.
Information necessary to complete an authorized request may be transmitted to those providers under applicable contractual, technical, and privacy safeguards.
Akari Nexus will not authorize third-party AI providers to use Customer Content for their own general model training unless such use has been clearly disclosed and any legally required consent has been obtained.
Applicable data usage and processing practices will be described in the Privacy Policy and relevant service disclosures.
11.6 Customer Responsibilities
You are responsible for ensuring that Customer Content does not violate laws, privacy rights, intellectual property rights, confidentiality obligations, or other third-party rights.
You are also responsible for obtaining required permissions for any personal information or confidential material you submit.
12. Privacy, Security, and Data Retention
12.1 Privacy Policy
Our Privacy Policy describes how personal information is collected, used, shared, retained, protected, and deleted.
By using the Services, you acknowledge that personal information will be processed as described in that policy and applicable data protection notices.
12.2 Customer-Controlled Information
Where Akari Nexus processes personal information on behalf of a business customer, the respective responsibilities of the parties may be governed by an applicable DPA or other commercial agreement.
Customers remain responsible for establishing appropriate legal grounds, notices, and permissions for their own processing activities.
12.3 Data Security
Akari Nexus may employ authentication, authorization, encryption, access controls, monitoring, and other technical or organizational safeguards to protect the Services and customer information.
No technology can guarantee absolute security.
Both parties must fulfill their applicable security obligations, and customers remain responsible for appropriately configuring access to resources under their control.
12.4 Retention
Different categories of information, including task histories, uploaded files, Workspace contents, logs, account records, and billing data, may have different retention periods.
Applicable retention rules will be described in the Privacy Policy, relevant product disclosures, or binding service agreements.
Akari Nexus does not guarantee permanent storage of information unless expressly agreed.
12.5 Deletion
You may request deletion of supported account information or resources through available controls or applicable privacy request procedures.
Deletion may be subject to verification, security safeguards, defined retention periods, backups, legal obligations, and other applicable restrictions.
Disconnecting a third-party service does not necessarily delete information already collected or processed.
12.6 Account Termination
Following account termination, information may be retained or deleted according to applicable policies and legal requirements.
You are responsible for exporting information you wish to preserve before access ends, subject to available export functionality.
13. Third-Party Services and Technology
Akari Nexus may incorporate technology or services supplied by independent providers, including AI model providers, cloud hosting services, payment processors, authentication platforms, databases, storage systems, and external APIs.
Your access to those services may be subject to additional provider terms.
Akari Nexus does not guarantee the continued availability, functionality, pricing, accuracy, or performance of independent third-party systems.
To the fullest extent permitted by applicable law, Akari Nexus is not responsible for interruptions, failures, data loss, or other damages caused by third-party services outside its reasonable control.
Nothing in this section excludes responsibility that applicable law or an express contractual commitment places on Akari Nexus.
14. Ownership of the Platform and Feedback
14.1 Platform Ownership
Akari Nexus and its licensors retain all rights in the platform, software, designs, interfaces, orchestration systems, proprietary algorithms, trademarks, documentation, and related intellectual property.
These Terms do not transfer ownership of the Akari Nexus platform to customers.
14.2 Usage Information
Akari Nexus may collect technical and operational information relating to platform performance, usage, reliability, and resource consumption.
Such information will be processed subject to applicable privacy, confidentiality, and customer-data restrictions.
14.3 Feedback
If you voluntarily provide ideas, suggestions, improvements, or product feedback, you grant Akari Nexus a perpetual, worldwide, royalty-free, non-exclusive license to use and incorporate that feedback into its products and business operations.
This provision does not override applicable privacy protections or grant Akari Nexus unrestricted rights to confidential Customer Content included in feedback.
15. Suspension and Termination
15.1 Suspension
Akari Nexus may suspend or restrict access where reasonably necessary to address:
- Material violations of these Terms.
- Fraudulent or unauthorized activity.
- Security vulnerabilities or threats.
- Nonpayment of applicable fees.
- Misuse of third-party services.
- Applicable legal or regulatory requirements.
- Serious threats to platform stability or other users.
15.2 Termination by Akari Nexus
Akari Nexus may terminate access for material violations or legal requirements, including immediately where appropriate.
Akari Nexus may also discontinue an account or Service without cause upon reasonable notice, subject to applicable laws and contractual commitments.
15.3 Termination by the Customer
You may terminate your account or cancel subscriptions through supported procedures.
Termination does not eliminate fees already incurred or obligations that survive termination.
15.4 Consequences
After termination, access to paid features, Agents, Workspaces, and Connected Resources may end.
Unused Credits may expire or be forfeited according to applicable Credit Rules and legal requirements.
Customer Content may be subject to retention and deletion procedures.
15.5 Survival
Provisions relating to ownership, payments already owed, intellectual property, indemnification, disclaimers, limitation of liability, and dispute resolution will survive termination where appropriate.
16. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
Akari Nexus disclaims warranties not expressly provided in these Terms or another binding written agreement, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the extent such disclaimers are legally permitted.
Akari Nexus does not guarantee that:
- Services will operate without interruption or error.
- Agents will successfully complete every instruction.
- Generated Output will be accurate or appropriate.
- External integrations will remain available.
- Services will achieve particular revenue, productivity, or business outcomes.
- Software or projects generated through the Services will be free from defects.
- Third-party providers will operate without disruption.
These disclaimers do not exclude warranties or rights that cannot legally be excluded.
17. Indemnification and Limitation of Liability
17.1 Customer Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Akari Nexus, its affiliates, officers, employees, contractors, and authorized providers from third-party claims, damages, liabilities, and reasonable legal expenses arising from:
- Your unlawful use of the Services.
- Your material violation of these Terms.
- Your infringement of another party's rights.
- Customer Content that you provide or publish.
- Authorized Agent actions performed on your behalf.
- Customer Projects operated by you.
- Transactions and disputes between you and your own customers.
- Your failure to obtain legally required permissions or consent.
This obligation does not require you to indemnify Akari Nexus for its own fraud, willful misconduct, or other conduct for which indemnification is prohibited by law.
17.2 Exclusion of Certain Damages
To the fullest extent permitted by law, neither party will be liable under these Terms for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, business interruption, or loss of anticipated savings, regardless of the legal theory asserted.
This exclusion applies except where applicable law or an express agreement requires otherwise.
17.3 Liability Cap
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF AKARI NEXUS AND ITS AFFILIATES ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO AKARI NEXUS DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
17.4 Exceptions
These limitations do not apply where prohibited by applicable law, including applicable liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence, where such liability cannot lawfully be excluded or limited.
Separate commercial agreements may establish different liability provisions.
18. Governing Law and Dispute Resolution
18.1 Governing Law
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles, except where mandatory applicable law requires otherwise.
18.2 Informal Resolution
Before initiating formal legal proceedings, you and Akari Nexus agree to attempt to resolve disputes informally in good faith.
A party initiating a dispute must provide written notice describing the issue and the relief requested.
The parties will have 45 days after valid notice to attempt an informal resolution, unless they mutually agree to extend the period or applicable law requires otherwise.
18.3 Binding Arbitration for U.S. Users
Except as provided below, disputes involving U.S. users that cannot be resolved informally will be resolved through final and binding individual arbitration administered by the American Arbitration Association (AAA), in accordance with its applicable rules.
The Federal Arbitration Act will govern the interpretation and enforcement of the arbitration agreement to the extent applicable.
Applicable arbitration fees and procedures will be governed by the provider's rules and mandatory law.
18.4 Exceptions
Where legally permitted, qualifying individual small claims court proceedings and claims for appropriate injunctive relief involving unauthorized access, intellectual property infringement, or misuse of the Services may proceed in a court of competent jurisdiction.
18.5 Class Action and Jury Trial Waiver
TO THE EXTENT PERMITTED BY LAW, YOU AND AKARI NEXUS AGREE THAT DISPUTES WILL BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
For disputes subject to binding arbitration, the parties waive the right to a jury trial to the extent permitted by law.
18.6 Arbitration Opt-Out
U.S. users may opt out of the arbitration agreement within 30 days after first accepting these Terms by sending a written opt-out notice to:
Innovate360 Marketing
7760 Senjill Court, Orlando, FL 32818
Attention: Legal Department – Arbitration Opt-Out
The notice must include your full name, account email address, mailing address, and a clear statement of your intention to opt out of arbitration.
The notice must be sent by the method specified in the published arbitration notice, subject to applicable law.
18.7 International Consumers
Consumers located in the European Union, United Kingdom, and other jurisdictions with mandatory local consumer protections retain the rights and legal remedies provided by those laws.
Nothing in this section is intended to override mandatory rights to pursue claims in competent local courts.
19. General Provisions
19.1 Changes to These Terms
Akari Nexus may update these Terms to reflect changes in the Services, business operations, legal requirements, security practices, or commercial offerings.
Material changes will be communicated through reasonable means, which may include email, account notifications, or updated website notices.
Where required by applicable law, advance notice or affirmative consent will be obtained.
Continued use after updated Terms take effect constitutes acceptance to the extent permitted by law.
19.2 Service Changes
Akari Nexus may introduce, modify, replace, discontinue, or restrict features.
Changes affecting existing paid commitments remain subject to applicable law and binding service agreements.
19.3 Severability
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.
19.4 No Waiver
Failure to enforce a provision does not waive the right to enforce that provision later.
19.5 Assignment
You may not transfer your contractual rights or obligations without prior written consent, except where applicable law permits otherwise.
Akari Nexus may assign these Terms in connection with a lawful merger, acquisition, restructuring, or sale of business assets, subject to applicable legal requirements.
19.6 Entire Agreement
These Terms, together with applicable supplemental agreements, policies, and Order Forms, constitute the agreement governing your use of the Services.
19.7 Electronic Communications
You consent to receiving legally required service communications electronically to the extent permitted by law.
Transactional notices, security notifications, billing communications, and marketing communications will be handled according to applicable legal requirements and communication preferences.
20. Contact Information
For questions about these Terms, account access, billing, or legal matters, contact:
Akari Nexus
Operated by: Innovate360 Marketing
Support: contact@akarinexus.com
Legal: contact@akarinexus.com
Mailing Address: 7760 Senjill Court, Orlando, FL 32818
End of Terms of Use