Your use of and access to the website and products and services and associated software (collectively, the “Service”) of Akaleap LLC is conditioned upon Your compliance with and acceptance of these Terms. The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, this Company excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature. Please read these Terms and Conditions carefully before using Our Service.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise You to read the Terms and conditions and privacy policies of any third-party websites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Please read this Application End User License Agreement (“EULA”) carefully before downloading or using the Application, which allows You to access Application from Your mobile device. This EULA forms a binding legal agreement between You (and any other entity on whose behalf You accept the Terms) and Company as of the date You download the Application.
By downloading or using the Application, the Terms will automatically apply to You. Please make sure therefore that You read them carefully before using the Application. You're not allowed to copy, or modify the Application, any part of it, or our trademarks in any way. There is no tolerance for objectionable content or abusive users in any form that do not align with Our ethical norms in their entirety. Any infringement will be dealt with instant removal and life-time ban of the user from the Application. You're not allowed to attempt to extract the source code of the Application, and You also shouldn't try to translate the Application into other languages, or make derivative versions. The Application itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, still belong to Company. We are committed to ensuring that the Application is as useful and efficient as possible. For that reason, we reserve the right to make changes to the Application or to charge for its Service, at any time and for any reason.
1. Your Account. Your use of the Application requires that You have an account created with Application and agree to the Terms of this Agreement as a whole.
2. Changes to this EULA. Company reserves the right to modify this EULA at any time and for any reason. If Company makes material changes to this EULA, You will receive notification via the Application. Notwithstanding the foregoing, You are responsible for complying with the updated Terms posted online at Our website even if these updated Terms appear online at Company’s website before being posted on the Application. Your continued use of the Application after Company publishes notice of changes to this EULA indicates Your consent to the updated Terms.
3. No Included Maintenance and Support. Company may deploy changes, updates, or enhancements to the Application at any time. Company may provide support for the Application, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Application) nor Google (for Android Application) has an obligation to furnish any maintenance or support services in connection with the Application.
4. Acceptable Use. You agree that You will not use or encourage others to use the Application in a way that could harm or impair others’ use of the Application. We make it clear that there is no tolerance for objectionable content or abusive users in any form and any infringement will be dealt with instant removal and life-time ban of the user from the Application. Your use of the Application is governed by the Acceptable Use stated herewith. You also agree not to violate the usage limits while accessing the Application set forth by: (a) the App Store Terms of Service, for iOS users, or (b) Google Play Terms of Service for Android users.
5. Consent to Electronic Communications. By downloading the Application, You authorize Company to send You (including via email and push notifications) information regarding the Service and the Application, such as: (a) notices about Your use of the Service and the Application, including notices of violations of use; (b) updates to the Application and new features or products; and (c) promotional information and materials regarding Company’s products and services. You can review Your account notification settings and adjust Your messaging preferences.
6. No Warranty. YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The Application is only available for supported devices and might not work on every device. Determining whether Your device is a supported or compatible device for use of the Application is solely Your responsibility, and downloading the Application is done at Your own risk. Company does not represent or warrant that the Application and Your device are compatible or that the Application will work on Your device.
7. Suspension and Termination of the Application. Company reserves the right to suspend or terminate Your access to the Application at any time based on the status of Your account. You understand that if Your account is suspended or terminated, You may no longer have access to the content that is stored within the Application including Your posts and account settings.
8. Intellectual Property Rights. In the event of a third party claim that the Application, or Your possession and use of the Application, infringes third party’s intellectual property rights, Company will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
9. Legal Compliance. You represent and warrant that: (a) You are not located in a country that is subject to a United States Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations; (b) You are not located in a country that has been designated by the United States Government as a “terrorist supporting” country; and (c) You are not listed on any U.S. Government list of prohibited or restricted parties. You further agree not to transport the Application to or use the Application in any such country.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from Your disclosure to third parties of personal information.
You may only use the Service pursuant to the Terms of this Agreement. You are solely responsible for Your and Your End Users’ use of the Service and shall abide by, and ensure compliance with, all Laws in connection with Your and each End User’s use of the Service. Use of the Service is void where prohibited. Sharing of a host (Host) personal information for an event with anyone other than the individual assigned to be a Host is strictly prohibited.
Application incorporates a payment service to collect charges from users for hosting services and transfer them to a Host. The payment Service Agreement can be found here. You shall agree and are bound to the Terms and Conditions as speculated by Stripe during each payment session. If any such deduction or withholding (including but not limited to Application service fee and domestic or cross-border withholding taxes) is required on any payment, You will pay such additional amounts as are necessary so that the net amount received by Host is equal to the amount then due and payable under this Terms and Conditions. We will provide You with such tax forms as are reasonably requested in order to reduce or eliminate the amount of any withholding or deduction for taxes in respect of payments made under this Terms and Conditions. When accessing the Service to book a Host, You agree that all payment obligations are non-cancelable and refunds are possible solely so long as allowed by the Host. Refunds, if granted, take 5-10 days to appear on Your statement. Our Service fees and the payment service fees charged by our provider are not refundable, but there are no additional fees for the refund. The Company is not liable for any monetary losses, regardless of whether or not refunds are requested. You agree that if Your payment is not approved for the booking, Your order will be cancelled and it is Your responsibility to ensure that You provide accurate payment details when using the Application. Furthermore, the Company is not liable at all for any losses or damages incurred during event date by the Host, You, or Your guests. The sole responsibility for the successful execution of the event lies with You, and You agree that Our Service and connection with You only covers your interaction with our Service prior to booking and if/when any cancellations are made for a refund, as stated hitherto. You agree that We will not be liable for any issues and mishaps made during the event dates or days after the events you booked on Our Application.
The Service is provided to You AS IS and AS AVAILABLE and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Company or any affiliates thereof makes no warranty or representation regarding the results that may be obtained from the use of the Service, regarding the accuracy or reliability of any information obtained through the Service or that the Service will meet any of Your requirements, or be uninterrupted, timely, secure or error free. Use of the Service is at Your sole risk. Any material and/or data downloaded or otherwise obtained through the use of the Service is at Your own discretion and risk. You will be solely responsible for any damage to You resulting from the use of the Service. The entire risk arising out of use or performance of the Service remains with You. Company does not assume any responsibility for retention of Your information or communications between You and other users. Company cannot guarantee and does not promise any specific results from use of the Service. Use is at Your own risk.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a terrorist supporting country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on Our Service.
You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days notice prior to any new Terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole or in part, please stop using the website and the Service.
If You have any questions about these Terms and Conditions, You can contact Us by email: compinfo@akaleap.com
Last updated: August 18, 2024