Terms of Service

Updated: July 15th 2023

These Terms and Conditions (“Agreement”) are entered into between AkiraCart (“Service Provider”) and the user or entity (“Customer”) who agrees to the terms set forth below. This Agreement governs the use of the ordering system and website services provided by the Service Provider to the Customer.

By accessing or using the Service, the Customer agrees to be bound by this Agreement. If the Customer does not agree to the terms and conditions outlined herein, they should refrain from using the Service.

1. Definitions

1.1. “Service” refers to the ordering system and website services provided by the Service Provider to the Customer.

1.2. “Customer Data” refers to any data or information uploaded, submitted, or transmitted by the Customer through the Service.

2. Use of Service

2.1. The Service Provider grants the Customer a non-exclusive, non-transferable license to access and use the Service solely for their internal business purposes.

2.2. The Customer agrees not to:

2.2.1. Use the Service for any illegal, unauthorized, or infringing purposes.

2.2.2. Violate any applicable laws, regulations, or third-party rights.

2.2.3. Impersonate any person or entity or misrepresent their affiliation with any person or entity.

2.2.4. Introduce any malicious code, viruses, or other harmful materials that may damage or interfere with the Service.

2.2.5. Attempt to gain unauthorized access to the Service, accounts, or systems of other users.

3. Intellectual Property

3.1. The Service and all related intellectual property rights are owned by the Service Provider. The Customer acknowledges that they do not acquire any ownership rights to the Service or its components.

3.2. The Customer retains ownership of all Customer Data. However, the Customer grants the Service Provider a worldwide, royalty-free license to use, reproduce, modify, adapt, and display the Customer Data solely for the purpose of providing the Service.

4. Fees and Payment

4.1. The Customer shall pay the fees as set forth in the applicable pricing plan or agreement with the Service Provider. All fees are non-refundable once paid.

4.2. The Service Provider reserves the right to modify the pricing and fees upon providing the Customer with a notice period of 30 days. Continued use of the Service after the notice period constitutes acceptance of the revised pricing and fees.

5. Confidentiality

5.1. Both parties agree to keep confidential any information received from the other party that is marked as confidential or would reasonably be considered confidential.

6. Limitation of Liability

6.1. To the maximum extent permitted by applicable law, the Service Provider shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or relating to this Agreement or the use of the Service.

7. Termination

7.1. Either party may terminate this Agreement at any time with or without cause by providing written notice to the other party or by disabling their account.

7.2. Upon termination, the Customer’s access to the Service will be disabled, and any outstanding fees shall become immediately due and payable.

8. Miscellaneous

8.1. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous understandings.

8.2. This Agreement shall be governed by and construed in accordance with the laws of the United States of America. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in the United States of America.

By using the Service, the Customer agrees to be bound by these terms and conditions.