Last Updated: February 25, 2025
Welcome to Akece. These Terms of Use (the “Terms”) govern the use of the Akece service (the “Service”). By subscribing to or using the Service, you (“Customer” or “you”) agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this agreement, and the terms “Customer” or “you” refer to that entity.
1. Definitions
- Customer: An individual or legal entity using the Service.
- Service: The cloud-based platform provided by Akece, available in Free, Startups, and Business plans.
- Plan: The subscription tier chosen by the Customer (Free, Startups, or Business), defining features, limits, and support.
- Customer Data: Data, information, or content submitted or processed by the Customer through the Service.
- Confidential Information: Non-public data shared between the parties related to the Service or business, marked as confidential or inherently sensitive.
- Stripe: The payment platform used by Akece to process payments and manage subscriptions.
2. License and Use
Akece grants the Customer a limited, non-exclusive, non-transferable, and revocable license to use the Service according to the chosen Plan, solely for internal business purposes. The Customer agrees not to:
- Modify, adapt, translate, distribute, or create derivative works of the Service;
- Reverse engineer, decompile, disassemble, or attempt to extract the source code of the Service;
- Use the Service for timesharing, service bureau, or high-risk activities;
- Attempt to circumvent technical limits or restrictions imposed by the Plan;
- Remove or alter copyright notices or trademarks from the Service.
The Customer must maintain accurate usage records for 3 years and allow audits by Akece with 10 days’ notice. If an audit reveals underpayment exceeding 5%, the Customer will cover the audit costs and correct the payment.
3. Support
Akece provides technical support based on the Customer’s Plan:
- Free Plan: Basic email support with responses within 48 business hours.
- Startups Plan: Priority email and chat support with responses within 24 business hours.
- Business Plan: Premium email, chat, and phone support with responses within 4 business hours and a dedicated account manager.
O suporte pode ser suspenso ou encerrado após 15 dias de não conformidade com estes Termos, mediante notificação.
4. Payment Terms
4.1 Payment Processing
Payments for paid plans (Startups and Business) are processed via Stripe. By subscribing, you authorize Akece to charge the applicable fees through Stripe, providing a valid payment method.
4.2 Fees and Charges
Fees are displayed on the Akece website and vary by Plan and billing cycle (monthly or annual). Charges are recurring and automatic at the start of each cycle unless canceled.
4.3 Payment Methods
We accept credit/debit cards and other methods supported by Stripe. You must ensure sufficient funds.
4.4 Refunds
- Annual Plans: Full refund within 30 days of initial purchase.
- Monthly Plans: No refunds, but access continues until the end of the cycle.
4.5 Cancellation
Cancel your subscription via your Akece account. No further charges will be made, but paid amounts are non-refundable.
4.6 Plan Changes
Upgrades are charged immediately; downgrades take effect in the next billing cycle.
4.7 Payment Failure
If payment fails, Stripe will retry. If unresolved, your account may be suspended until regularized.
4.8 Taxes
You are responsible for applicable taxes on fees, except for taxes on Akece’s income.
4.9 Compliance with Stripe
You must comply with Stripe Terms of Service and Privacy Policy.
5. Termination
The initial term of the Service is 1 year, automatically renewing for equal periods unless 30 days’ notice of non-renewal is given. Termination may occur:
- By either party: With 30 days’ notice, without cause.
- For breach: With 30 days to cure after written notice, or immediately for severe violations (e.g., illegal use).
- For insolvency: Immediately, in case of bankruptcy or insolvency.
After termination:
- Akece will retain Customer Data for 30 days for export, after which it may be permanently deleted.
- Proportional refunds of prepaid amounts may be granted if Akece is at fault.
6. Warranty
Akece warrants that:
- It has all necessary rights to provide the Service;
- The Service does not contain malicious or harmful code;
- The Service will function substantially as described in the official documentation.
Reported issues will be addressed within 30 days. If not resolved, the Customer may request a proportional refund. Except as provided, the Service is “as is” without implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
7. Liability
Akece’s total liability for any claims is limited to the lesser of US$1,000 or the fees paid by the Customer in the last 12 months. Akece is not liable for:
- Indirect, special, punitive, incidental, or consequential damages;
- Loss of data, profits, revenue, or business opportunities;
- Business interruptions or costs of substitute services.
These limitations do not apply to breaches of the License and Use section, gross negligence, or willful misconduct.
8. Confidentiality
Both parties must protect Confidential Information with the same care as their own sensitive information, but no less than a reasonable standard. Confidentiality obligations do not apply to information that:
- Is or becomes public without breach of these Terms;
- Was lawfully obtained from a third party without restriction;
- Is required by law or court order, provided the receiving party gives reasonable notice to the disclosing party.
9. Intellectual Property
Akece retains all rights, title, and interest in the Service, including improvements, modifications, or updates. Any feedback or suggestions provided by the Customer may be incorporated into the Service and become Akece’s property without compensation.
Akece will indemnify the Customer against third-party claims of intellectual property infringement caused by the Service, provided the use complies with these Terms.
10. Data Privacy
Akece complies with applicable data protection laws, such as Brazil’s General Data Protection Law (LGPD) and the GDPR, where relevant. The Customer is responsible for:
- Obtaining necessary consents for processing personal data;
- Ensuring Customer Data complies with the law;
- Notifying Akece of security incidents within 72 hours.
Akece acts as a data processor, implementing technical and organizational measures to protect Customer Data. Data subjects have rights (e.g., access, correction, deletion) as per Akece’s privacy policy .
10.1 Processing by Stripe
Stripe processes payment data as necessary, in compliance with LGPD. See Stripe’s Privacy Policy.
11. Applicable Law
These Terms are governed by the laws of the state of Goiás, Brazil. Any disputes will be resolved exclusively in the courts of the city where Akece is headquartered, and the parties waive any objections to venue.
12. Notices
Notices must be in writing and sent via:
- Email, with receipt confirmation;
- Registered mail or tracked delivery service;
- Personal delivery.
Notices are effective upon confirmed receipt.
13. Miscellaneous
- Entire Agreement: These Terms constitute the entire agreement between the parties, superseding prior understandings.
- Assignment: The Customer may not assign these Terms without Akece’s prior written consent. Akece may assign this agreement to affiliates or successors.
- Force Majeure: Neither party is liable for delays or failures due to events beyond their control, such as natural disasters, strikes, pandemics, or infrastructure failures.
- Survival: Sections on License and Use, Confidentiality, Intellectual Property, Data Privacy, Indemnification and Liability survive termination of these Terms.
14. Indemnification
The Customer will indemnify Akece against losses, damages, costs, or expenses (including legal fees) arising from:
- Misuse of the Service;
- Third-party claims related to Customer Data;
- Violation of applicable laws or regulations by the Customer.
15. Third-Party Beneficiaries
Except as provided in the Indemnification and Intellectual Property sections, these Terms do not confer rights to third parties.
Contact
- Accounts: [email protected]
- Support: [email protected]
- Privacity: [email protected]
