Akhris Terms of services

Welcome to Akhris!

These Terms of Services (“Terms”) govern your use of our platform located at

Akhris.com

and our mobile application (together or individually, “Service”), operated by Akhris (“Company,” “we,” “our,” or “us”). By accessing or using our Service, you agree to comply with these Terms. Please read them carefully.

Last Updated: September 2024

These Terms of Service (“Terms”) govern your access to and use of the websites, applications, and other products and services offered by Akhris Academy (“Akhris Academy,” “we,” or “us”), including but not limited to email services, training sessions, events, educational materials, and various communication tools (collectively, the “Services”). By accessing or using our Services, or by clicking to accept these Terms, you agree to abide by these Terms and our Acceptable Use Policy, which is incorporated by reference into these Terms.

In addition to these Terms, Akhris Academy may require you to agree to additional terms that apply to specific features, products, or services offered through our platform. If there is a conflict between these Terms and the additional terms, the additional terms will govern your access to and use of the specific feature, product, or service.

If you have any questions about these Terms or our Services, please contact us at [email protected].

1. Eligibility and Authority

You must be at least 18 years old to access or use the Services provided by Akhris Academy. If you are accessing or using our Services on behalf of another person or organization, you confirm that you are authorized to accept these Terms on their behalf. Furthermore, you agree that the person or organization you represent will be held accountable if you or they violate these Terms.

2. Accounts; Account Security; Electronic Communications

To access some or all of the Services provided by Akhris Academy, you must register for an account. When registering, you are required to provide accurate and up-to-date account information and update it promptly if there are any changes. You are also responsible for maintaining the security of your account, keeping your login credentials confidential, and notifying us immediately if you suspect unauthorized access or activity on your account.

By creating an account with Akhris Academy, you consent to receive electronic communications from us (e.g., via email or notices posted on our platform). These communications may include important information about your account, such as payment confirmations, password updates, and other transactional details. As part of your relationship with Akhris Academy, you agree that any notices, agreements, disclosures, or other communications we send electronically will meet any legal requirements for written communication.

3.Privacy

Please refer to our Privacy Policy (https://akhris.com/) for details on how we collect, use, and disclose your information.

4.Our Services; License.

Our Services may allow you and other users to create, post, store, and share various types of content, including but not limited to email messages, text or SMS communications, photos, videos, software, and materials, as well as participate in review or message boards (collectively, "Marketing Content").

Except for the license granted below, you retain all rights to your Marketing Content. By using our Services, you grant

Akhris Academy a non-exclusive, royalty-free, worldwide, fully paid, and sub-licensable license to use, reproduce, adapt, publish, translate, distribute, and display your Marketing Content to your designated recipients or audiences, or as specified by your settings within the Services.

As part of improving our Services, we may view, copy, and internally use Marketing Content to enhance functionality, improve campaign effectiveness, and detect or address issues. You must not create, post, store, or share any Marketing Content that violates these Terms, including our

Acceptable Use Policy, or content for which you do not hold all necessary rights to grant the license described above.

When using our Services, you may import data, including personally identifiable information about your Contacts (defined as individuals with whom you interact via the Services) ("Contact Data"). We use Contact Data strictly to provide Services at your direction and to maintain functionality, train systems, and detect issues within our Services. Akhris Academy does not disclose Contact Data to third parties, except in the following circumstances:

To comply with applicable laws or regulations.To enforce these Terms or protect the rights, property, or safety of Akhris Academy, its users, or others.

5. Prohibited Conduct

5.1) Prohibited Activities on the Services.

By accessing or using the Services provided by Akhris Academy, you agree to comply with all applicable laws, contracts, intellectual property rights, and the rights of others. You are solely responsible for your behavior while using our Services. Specifically, when accessing or using our Services, you agree not to:

Harass or Threaten: Engage in any harassing, threatening, intimidating, predatory, or stalking conduct towards other users or individuals.

Impersonate Others: Impersonate any person or entity, including but not limited to any Akhris Academy official or employee, or falsely state or misrepresent your affiliation with such a person or entity.

Unauthorized Account Access: Use or attempt to use another user’s account without authorization from that user and Akhris Academy.

Improper Access: Access the Services by any means other than through standard industry-accepted or Akhris Academy-approved application program interfaces.

Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;

Delete or revise any material, including Marketing Content, posted by another person or entity;

Delete or modify any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

Register, subscribe, attempt to register or subscribe, unsubscribe or attempt to unsubscribe, any party for any LeadConnector product or Service if you are not expressly authorized by such party to do so;

Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;

Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;

Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;

Bypass or ignore instructions contained in our robots.txt file that controls automated access to portions of our Services;

Export or attempt to export certain data points, including but not limited to EGEO and ERJA data, that cannot be exported from the Services; or

Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

5.2) Compliance with Laws

By accessing the Services, you agree to comply with all applicable laws, rules, and regulations, including but not limited to those concerning Export Control and Sanctions Laws, privacy, data protection, and electronic communications. You represent and warrant that your use of the Services is lawful and meets all requirements for processing and sending marketing communications to your customers, business contacts, or followers ("Contacts"). This includes ensuring that you have obtained proper consent, where required, and have a lawful basis for sending Marketing Content on your behalf.

You must not upload or use any Marketing Content or Contact Data in the Services unless you have the necessary permissions or consents, as per applicable data protection laws. You are responsible for ensuring that you meet all legal obligations, including obtaining consent to send communications to individuals based on their location and jurisdiction. For guidance on consent and compliance, please refer to our Consent page.

While our Services provide tools to help manage consent and Contact Data, you are solely responsible for maintaining accurate records and ensuring compliance with relevant laws, including those governing consumer protection, advertising, privacy, intellectual property, and more.

You may not use the Services for any unlawful or discriminatory activities, including violations of the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or any other commerce-related laws. Furthermore, you acknowledge that your use of the Services, including the content you upload, will not cause Akhris Academy to breach any applicable laws or regulations.

Akhris Academy reserves the right to suspend or restrict your access to the Services if we detect any Marketing Content that violates legal requirements, including sending spam or unsolicited communications. We recommend reviewing all applicable laws and ensuring that your use of the Services aligns with industry standards and legal obligations.

5.3) Web Personalization Feature

If you are subscribed to the Professional or Enterprise plan, you can access our Web Personalization feature, enabling you to create customized versions of your webpage (“Experiences”) for your Contacts. Experiences are designed by modifying various Elements on your page, such as text, images, links, or button text, based on specific segment conditions.

The total number of unique Experiences you can create is limited to ten (10) times your Contact limit, using a combination of different Elements and segments. If you exceed this limit, it may result in interruptions, suspension, or termination of your access to the Services.

5.4) Reporting Abuse

If you think anyone using the Services is violating any of these Terms, please notify us immediately

6. Terms of Sale

6.1) Subscriptions

By signing up for our Services, you agree to a recurring subscription contract with Akhris Academy, based on the billing cycle you select during registration (monthly, quarterly, annually, or another specified period).

WHEN YOU REGISTER FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

(A)Akhris (or our third-party payment processor) is authorized to charge your payment method on a recurring basis—monthly, quarterly, annually, or as applicable—along with any applicable taxes and additional charges, for as long as your subscription remains active.

(B) Your subscription will automatically renew until you cancel it or we suspend or discontinue access to the Services in accordance with these Terms.

6.2) Cancellation.

You may cancel your subscription at any time by logging into your account and following the instructions on your account dashboard for cancellation or by contacting us . Such cancellation notice must be sent by the designated account owner or an authorized signatory. Inactivity does not constitute automatic cancellation, so unless you cancel your account in accordance with this section, you will continue to be charged for subscription to the Services. All cancellation requests will take effect at the end of then-current subscription period in which the cancellation request is made, and you will be responsible for all fees and any applicable taxes and other charges rendered up through the cancellation date.

In the event you cancel your subscription, please note that we may still send you promotional communications about Akhris Academy, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

If you are interested in cancelling your subscription, we may provide you with the option of pausing your subscription for a certain period of time. During the pause period, your account will remain active in our system, and we will retain the data, including Contact Data, associated with your account. The collection, use and disclosure of such data will continue to be subject to our Privacy Policy.

6.3) One-Time Purchases

Certain features of our Services, such as templates, may be available as standalone products, separate from our subscription plans. For these purchases, we will charge your payment method as a one-time payment at the time of the transaction.

6.4) Free Trials

From time to time, to the extent legally permitted, we may offer free trials of certain subscriptions for specified period of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration. We reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.

6.5) Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method. In addition, you authorize (or our third party payment processor) to charge your payment method for the total amount of your subscription fees (and applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your account may be suspended until your payment is processed. You must resolve any problem we encounter in order to proceed.

You acknowledge that the amount billed may vary due to promotional offers, changes to your subscription or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.

If you are in Brazil, the following applies to you: in order to enable remittance of funds for the payment of goods, products and/or services purchased from merchants abroad, you appoint PPRO Brasil Ltda. as your attorney-in-fact to, on your behalf, sign foreign exchange agreements and other agreements that may be necessary to effect the respective remittance of funds, including the power to negotiate terms, rates, renegotiate fees, or even in whole or in part supersede the mandate granted.

7. Limited License; Copyright and Trademark

Our Services, including the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, and other content (collectively referred to as “Akhris Academy Content”), are owned by or licensed to Akhris Academy and are protected by both U.S. and international laws. Except as explicitly stated in these Terms, Akhris Academy and our licensors retain all rights to our Services and Akhris Academy Content.

By using our Services, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services and Akhris Academy Content for the following purposes:

Personal Use: For your individual purposes.Business or Organizational Use: To communicate about your business or organization with your Contacts (if applicable).

This license is subject to these Terms and does not grant you the right to:

(a) Sell, resell, or commercially use our Services or Akhris Academy Content;

(b) Copy, reproduce, distribute, publicly perform, or publicly display Akhris Academy Content, except as expressly authorized by us or our licensors;

(c) Modify the Akhris Academy Content, remove any proprietary rights notices, or create derivative works from our Services or Akhris Academy Content;

(d) Use data mining, robots, or similar data gathering or extraction methods;

(e) Use our Services or Akhris Academy Content for purposes other than as intended.

Any use of our Services or Akhris Academy Content outside of what is explicitly authorized in this license, without our prior written consent, is strictly prohibited and will terminate the license granted herein.

8. Third Party Content and Services

We may display content, advertisements, and promotions from third parties through our Services (“Third Party Content”). We do not control, endorse, or adopt any Third Party Content, and we make no representations or warranties regarding its accuracy, completeness, or suitability. You acknowledge and agree that any interactions you have with third parties providing Third Party Content are solely between you and those third parties. If any third-party services or integrations require you to accept additional terms, conditions, or obligations (“Third Party Terms”), we will provide you with advance notice and seek your consent or authorization, which will include your continued use of such third-party services or integrations.

Additionally, we may provide you with access to certain services, features, or functionality offered by third parties in connection with our Services. Use of any such services will be subject to separate terms of service between you and the third party, and not these Terms. The third party provider, and not Akhris Academy, will be solely responsible for delivering such services, features, or functionality.

Domain Name Registration

If you use our Services to purchase a domain name, we will purchase it on your behalf from Cloudflare, Inc., with Akhris Academy LLC listed as the registrant. You must comply with these Terms as well as Cloudflare's Domain Registration Agreement, Self-Service Subscription Agreement, Privacy Policy, and Registrant Rights and Responsibilities. If you request, in writing, we will transfer the domain name to you, though a transfer fee may apply.

You agree to indemnify and hold Akhris Academy harmless from any claims or demands, including reasonable attorneys' fees, arising from your use of the domain name, including any breach of these Terms, Cloudflare's terms, or any violations of applicable laws in relation to the use of the domain name. As per ICANN rules, domains cannot be transferred to a different DNS provider within 60 days of the domain purchase.

9. Feedback

Any questions, comments, suggestions, ideas, original or creative materials, or other information you submit about Akhris Academy or our products or services (collectively, "Feedback") will be considered non-confidential and will become the sole property of Akhris Academy. We will retain exclusive rights, including, without limitation, all intellectual property rights, to such Feedback. Akhris Academy is entitled to use and disseminate the Feedback for any purpose, whether commercial or otherwise, without acknowledgment or compensation to you.

10. Publicity

You agree to be identified as a customer of Akhris Academy, and that Akhris Academy may refer to you by name, trade name, trademark, logo, and other proprietary marks or words, and may describe your business in our marketing or publicity materials, on our website, and in press releases or other public statements. You hereby grant Akhris Academy a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use your name and any of your trade names, trademarks, logos, and other proprietary marks or words for these purposes.

11. Copyright Complaints

We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Akhris Designated Agent as follows:

12. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Akhris Academy, our parent company, subsidiaries, affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “Akhris Academy Parties”) from and against any loss, liability, claim, demand, damages, expenses, or costs ("Claims") arising out of or related to (a) your access to or use of our Services; (b) your Marketing Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to promptly notify Akhris Academy Parties of any third-party Claims, cooperate with Akhris Academy Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that Akhris Academy Parties will have control over the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Akhris Academy or the other Akhris Academy Parties.

13. Disclaimers

We do not control, endorse, or take responsibility for any Marketing Content, third-party content, or third-party services made available on or linked to by our Services. Your use of our Services is at your sole risk. Our Services are 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. In addition, Akhris Academy does not represent or warrant that our Services are accurate, complete, reliable, current, or error-free. While we attempt to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services. As between you and Akhris Academy, you will be solely responsible for responding to and honoring all requests relating to the rights of your contacts and their personal data pursuant to and in accordance with applicable data protection laws.

14. Limitation of Liability

Akhris Academy and the other Akhris Academy parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, strict liability, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if Akhris Academy or the other Akhris Academy parties have been advised of the possibility of such damages. The total liability of Akhris Academy and the other Akhris Academy parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Services. The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Akhris Academy or the other Akhris Academy parties, or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

15. Release

To the fullest extent permitted by applicable law, you release Akhris Academy and the other Akhris Academy parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

16:Transfer and Processing Data;

By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.

17: Export Control, Sanctions Compliance and Anti-Corruption Compliance

17.1) Export Control and Sanctions Compliance

The receipt and use of our Services may be subject to export control and economic sanctions laws of the United States and other applicable government authorities (“Export Control and Sanctions Laws”). You agree to abide by all Export Control and Sanctions Laws as they relate to your access and use of our Services. You will not, directly or indirectly, access or use our Services if you are located in a jurisdiction where the provision of our Services is prohibited by law (a “Prohibited Jurisdiction”), including Cuba, Iran, North Korea, Syria, and the Crimea region. You also will not provide access to or allow the use of our Services by any government, entity or individual: (a) located in any Prohibited Jurisdiction; or (b) identified on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce’s Denied Persons List or Entity List, or subject to any other expert control or economic sanctions lists or programs. You represent and warrant that: (a) you are not named on or subject to any government sanctions programs or list of persons or entities prohibited from receiving U.S. exports, or engaging in transactions with any U.S. person; (b) you are not located in, or a company registered in, any Prohibited Jurisdiction; and (c) you will comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you are located.

17.2) Anti-Corruption Compliance

You will comply with all applicable United States and international anti-corruption and anti-bribery laws and regulations, including the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act, and others as they relate to your access to and use of our Services. You acknowledge that you have not received or been offered any illegal or improper bribe, kickback, payment, gift or thing of value in connection with these Terms.

18: Commercial Items

If acquired by any agency of the U.S. Government, such agency acknowledges that (a) the App and Services constitute "commercial computer software" or "commercial computer software documentation" for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable; and (b) such agency's rights are limited to those specifically granted under these Terms.

19: Dispute Resolution; Binding Arbitration

Please read the following section carefully, as it requires you to arbitrate certain disputes and claims with Akhris Academy and limits the manner in which you can seek relief from us.

Except for small claims disputes in which you or Akhris Academy seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Akhris Academy seek injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Akhris Academy waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Cook County, Illinois in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You and Akhris Academy agree that any dispute arising out of or related to these Terms or our Services is personal to you and Akhris Academy and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding.

You and Akhris Academy agree that these Terms affect interstate commerce and that the enforceability of this Section 19 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. You and Akhris Academy agree that for any arbitration you initiate, you will pay the filing fee, and Akhris Academy will pay the remaining JAMS fees and costs. For any arbitration initiated by Akhris Academy, Akhris Academy will pay all JAMS fees and costs. You and Akhris Academy agree that the state or federal courts of the State of Illinois and the United States sitting in Cook County, Illinois, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, meaning that you and Akhris Academy will not have the right to assert the claim.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 19 by emailing us. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 20.

20:Governing Law and Venue

These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of State of Illinois, without regard to conflict of law rules or principles (whether of Illinois or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Illinois and the United States, respectively, sitting in Cook County, Illinois.

21: Changes to these Terms

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.

22: Termination

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
23: Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

24) Miscellaneous

These Terms constitute the entire agreement between you and Akhris Academy relating to your access to and use of our Services. Any additional or different terms proposed by you in any purchase order, request for proposal, or other document are hereby objected to by Akhris Academy and shall be void. The failure of Akhris Academy to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. This Agreement may not be assigned or transferred by you except with our prior written consent. These Terms may be executed and delivered electronically and in one or more counterparts, each of which shall, when taken together, constitute a single document.