Last updated: August 1, 2022
By creating an Akira account (as defined in Section 1) or using any Akira Service (as defined below), you agree to be bound by the following terms and conditions (the “Terms of Service”).
As used in these Terms of Service, “we” and “Akira” mean the applicable Akira Contracting Party (as defined in Section 4 below).
The services offered by Akira under the Terms of Service include various products and services to help sell goods and services to buyers, either online (“Online Services”), in person (“POS Services”), or both. Any such services offered by Akira are referred to in these Terms of Service as the “Services”. Any new features or tools that will be added to the current Services will also be subject to the Terms of Service. You can review the most recent version of the Terms of Service at any time. Akira reserves the right to update and change the Terms of Service by posting updates and changes on the Akira website. It is recommended that you review the Terms of Service periodically so that you are informed of any updates or changes that may affect you. and if you do not accept such changes, you must stop using the Services.
Plain language summaries are provided for convenience only and appear in bold type below each section, but these summaries are not legally binding. Please read the Terms of Service, including any documents referenced in these Terms of Service, for a complete overview of its legal requirements. By using Akira or any Akira service, you agree to these terms. We kindly ask you to check for updates occasionally.
- Account Terms
To access and use the Services, you must register for an Akira account (“Account”) by providing your full legal name, current address, telephone number, a valid email address, and such other information as may be required. Akira may reject your application for an Account or terminate an existing Account for any reason, in our sole discretion.2. You must be at least: (i) 18 years of age or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.3. You confirm that you are receiving any Services provided by Akira for the purpose of conducting a business activity and not for a personal, family or friendship purpose.4. You agree that Akira will use as the primary method of communication between you and Akira the email address that you provided during registration for an Account, or that you have updated from time to time. You are responsible for keeping your password secure. Akira cannot and will not be liable for any loss or damage arising as a result of your failure to maintain the security of your Account and password.
You are responsible for all activity and content, such as photos, images, videos, graphics, written content, audio files, code, information or data uploaded, collected, generated, stored, displayed, distributed, transmitted or displayed on or in connection with your Account (“Materials”).7. A breach or violation of any term in the Terms of Service, including the AUP, as determined in Akira’s sole discretion, may result in immediate termination of your Services.
WHAT THIS MEANS
You are responsible for your Account and the Materials you upload to the Akira Service. Remember that if you violate these terms we may terminate your service.
If we need to contact you, we will send you an email.
2.1 Account Owner
Subject to Section 2.1(2), the person who registers for the Service by opening an Account shall be the contracting party (hereinafter “Account Owner”) for the purposes of our Terms of Service and shall be the person authorized to use any applicable Account that we provide to the Account Owner in connection with the Service. You are responsible for ensuring that the Account Owner’s name (including the Account Owner’s company name, if applicable) is clearly visible on the Account website.
If you register for the Services on behalf of your employer, your employer will be the Account Owner. If you register for the Services on behalf of your employer, you must use the email address issued by your employer and represent and certify that you have the authority to bind your employer to our Terms of Service.
Your Akira Store can only be associated with one Account Owner. An Account Owner may have multiple Akira Service engagements. “Account” means the online tabled or retail store(s) associated with the Services.
2.2 Employee Accounts
Depending on your Akira pricing plan, you may create one or more employee accounts (“Employee Accounts”) that allow others to access the Account. With Employee Accounts, the Account Owner can set permissions and allow others to work on your Account and determine the level of access Employee Accounts have to specific business information (for example, you can limit Employee Accounts’ access to sales information on the Reports page or prevent Employee Accounts from changing general account settings).
The Account Owner is responsible for any acts, omissions or failures resulting from the use of Employee Accounts in the performance of the obligations set forth in these Terms of Service as if they were the acts, omissions or failures of the Account Owner.
The Shop Owner and the users of the Employee Accounts are referred to as a “Shopify User”.
2.3 PayPal Express Checkout and Stripe Payments Accounts
Upon completion of the Ecommerce service engagement registration, Akira will create a PayPal Express Checkout account on your behalf, using your email address. Depending on your location, Akira may also create an Akira Payments account in your name if you do not have an account.
You acknowledge that PayPal Express Checkout and/or Stripe Payments will be your default payment gateway(s) and that it is your sole responsibility as Account Owner to activate and maintain this/these account(s). If you do not wish to keep any of the payment accounts active, it is your responsibility to deactivate them. For the avoidance of doubt, PayPal Express Checkout is an External Service as defined in Clause 17 of these Terms of Service.
2.4 Apple Pay for Safari account
Upon completion of the Ecommerce service contract registration, Akira will create an Apple Pay for Safari account (hereinafter “Apple Pay”) on your behalf, using the URL(s) and business name associated with your Account. Depending on where you are located, Akira may activate your Apple Pay account on your behalf, otherwise you will be prompted to activate your Apple Pay account in the Account control panel. If you do not wish to keep your Apple Pay account active, it is your responsibility to deactivate it. For the avoidance of doubt, Apple Pay is a Third Party Service as defined in Clause 17 of these Terms of Service.2. If you use a payment gateway that supports Apple Pay and your customers have enabled Apple Pay on their devices, customers can purchase goods and services in your Store using Apple Pay.
By using Apple Pay at your Store, you agree to the Apple Pay Platform Web Merchant Terms and Conditions, as may be amended by Apple from time to time. If Apple makes amendments to the Apple Pay Platform Web Merchant Terms and Conditions, the amended and updated version will be posted here: https://akira.agency/terms-and-conditions. Such amendments to the Apple Pay Platform Web Merchant Terms will be effective as of the date of posting. Your continued use of Apple Pay on your Store following the posting of the amended Apple Pay Platform Web Merchant Terms constitutes your agreement and acceptance of the amendments made to the Apple Pay Platform Web Merchant Terms. If you do not agree to any of the changes made to the Apple Pay Platform Web Merchant Terms, please deactivate your Apple Pay account and do not continue to use Apple Pay on your You.
3 General terms and conditions
Customer service in connection with the Services is only provided to Akira Users.
The Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Service and is expressly excluded herein.
You acknowledge and agree that Akira may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on the Akira website, available at https://akira.agency/terms-and-conditions and that such amendments to the Terms of Service shall be effective as of the date of posting. Your continued use of the Services following the posting of the amended Terms of Service on the Akira website constitutes your agreement and acceptance of the amended Terms of Service. If you do not accept any of the changes made to the Terms of Service, do not continue to use the Service.
You may not use the Akira Services for any illegal or unauthorized purpose, nor may you, by using the Service, violate the laws of your jurisdiction (including, without limitation, copyright laws), the laws that apply to you in your customer’s jurisdiction, or the laws of United States and the State of Florida. You will comply with all applicable laws, rules and regulations in using the Service and in fulfilling your obligations under the Terms of Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Services or access to the Services without Akira’s express written permission.
You must not purchase search engine keywords or other pay-per-click words (such as Google AdWords) or domain names that use Akira or Akira’s trademarks and/or variations thereof or other similar spellings.8. Questions about the Terms of Service should be sent to Akira Customer Service.
You understand that your Materials (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to meet and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer across networks.
The Services allow you to send certain communications to your customers via short message service (SMS) (e.g., sending order confirmation notifications via SMS) (the “SMS Services”). You will only use the SMS Services in accordance with these Terms of Service, Nexmo Inc.’s Acceptable Use Policy, and the laws of the jurisdiction from which you send and receive messages.
The Terms of Service may be available in languages other than English. In the event of any discrepancy or conflict between the English Terms of Service and the version of the Akira Terms of Service available in other languages, the most current English version of the Akira Terms of Service available at shall prevail.
All terms and provisions of these Terms of Service shall be binding upon and inure to the benefit of the parties signatory to these Terms and their respective legatees, successors, permitted assigns and legal representatives. Akira may assign these Terms of Service without your prior notice or consent. You shall have no right to assign or transfer these Terms of Service, or any of your rights or obligations hereunder, to any third party without Akira’s prior written consent, which Akira shall grant or refuse to grant to you.
- Akira Contracting Party
If the billing address for your Account is located in United States, this Section 4(1) applies to you:a. Akira’s Contracting Party” means Akira, LLC, with offices located at 801 Brickell Ave. 8th Floor, Miami, FL 33131. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Florida in United States with respect to any litigation or claim arising out of or relating to the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Service and is expressly excluded herein.
- Akira’s Rights
We reserve the right to modify or discontinue the Services for any reason, without notice, at any time. Not all Services and features are available in all jurisdictions and we are not obligated to make Services or features available in any jurisdiction.
We reserve the right to refuse to provide a Service to anyone for any reason at any time.
We may, but are under no obligation to, remove Materials and suspend or terminate Accounts if we determine, in our sole discretion, that goods or services offered through an Account, or Materials uploaded or posted to an Account, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Akira customer, Akira employee, member or authority will result in immediate account termination.
Akira does not pre-screen Materials and we are free to reject or remove any Materials from the Service, including your Account.
We reserve the right to provide our services to your competition and do not promise exclusivity to any particular market segment. You further acknowledge and agree that Akira’s employees and contractors may also be customers or dealers of Akira and may compete with you, although they may not use your Confidential Information (as defined in Section 6) to do so.
In the event of a claim relating to Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, a government-issued photo ID, the last four digits of your credit card on file, your status as an employee of an entity, etc.
Akira reserves the right to determine, in our sole discretion, the rightful ownership of the Account and transfer an Account to the rightful Owner of the store. If we cannot reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Akira reserves the right to temporarily deactivate an Account until a resolution has been reached between the disputing parties.
WHAT THIS MEANS
We may modify, cancel or refuse service at any time.
In the event of an ownership dispute over an Akira Account, we may freeze the Account or transfer it to the rightful owner, as we determine.
Confidential Information” shall include, but not be limited to, all information relating to a party’s business that is not publicly available, including specific business information, technical processes and formulas, software, customer lists, prospect lists, names, addresses and other information about customers and prospective customers, product designs, sales, costs (including relevant processing fees), price lists and other unpublished financial information, business plans and marketing data, and any other confidential information and proprietary information, whether marked confidential or proprietary. Akira’s Confidential Information includes all information you receive in connection with us or the Services that is not known to the general public, including information relating to our security program and practices.
Each party agrees to use the other party’s Confidential Information only as necessary to fulfill its obligations under these Terms of Service and in accordance with any other obligations under these Terms of Service, including this Section 6. Each party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the copying, disclosure or use of such Confidential Information, other than (i) by or through its employees, agents and subcontractors who are required to have access to such Confidential Information to perform such party’s obligations hereunder, and who are subject to confidentiality obligations for such party that are at least as strict as those contained herein; or (ii) as required by any law, regulation or order of any court of appropriate jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permissible, the receiving party shall notify the disclosing party in writing and use all commercially reasonable efforts to ensure that such disclosure receives confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known or in the possession of the receiving party, at the time of disclosure of such information; (B) information that is independently developed by the receiving party without the use of or reference to the other party’s Confidential Information, and that does not breach any provision of these Terms of Service; or (C) if the receiving party obtained it immediately thereafter from a source other than the disclosing party without breaching any provision of these Terms of Service.
WHAT THIS MEANS
Both you and Akira agree to use the other party’s Confidential Information solely to fulfill your obligations under these Terms of Service. Confidential Information must be protected and respected.
- Limitation of Liability
You expressly understand and agree that, to the extent permitted by applicable law, Akira shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
To the fullest extent permitted by applicable law, in no event shall Akira or our suppliers be liable for any lost profits or any special, incidental or consequential damages arising out of or related to our site, our Services or these Terms of Service (even if arising from negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Akira Partners, officers, directors, agents, employees and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it includes by reference (including the AUP), or your violation of any law or the rights of a third party.
Your use of the Services is at your sole risk. The Services are provided “as is” and “as available” without any warranty or condition, express, implied or statutory.
Akira does not warrant that the Services will be uninterrupted, timely, secure or error-free.
Akira does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
Akira does not warrant that the quality of any products, services, information or other material purchased or obtained from the Services will be accurate or reliable.
- Waiver, Severability and Entire Agreement
The failure of Akira to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents that it incorporates by reference, is found by a court of competent jurisdiction to be contrary to law, such provision shall be modified and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provision of the Terms of Service shall remain in full force and effect.
The Terms of Service, including the documents they incorporate by reference, constitute the entire agreement between you and Akira and govern your use of the Services and your Account, superseding any prior agreements between you and Akira (including, without limitation, any prior versions of the Terms of Service).
WHAT THIS MEANS
If Akira chooses not to enforce any of these provisions at any time, it does not mean that we waive that right later.
These Terms of Service form the agreement that applies to you. This means that no prior agreement between you and Akira applies if it conflicts with these.
- Intellectual Property and User Generated Content
We do not claim any intellectual property rights in the Materials you provide to the Akira Service. All Materials you upload belong to you. You may delete your Akira account at any time by deleting your Account.
By uploading Materials, you agree: (a) to allow other Internet users to view the Materials you publicly post to your Store; (b) to allow Akira to store, and in the case of Materials you publicly post, display and use your Materials; and (c) that Akira may, at any time, review and delete all Materials submitted to its Service, although Akira is not obligated to do so.
You retain ownership of all Materials you upload to the Store; however, by making your Store public, you agree to allow others to view the Materials you publicly post to your Store. You are solely responsible for the Materials’ compliance with any applicable laws or regulations.
Akira shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Account to promote the Service.
WHAT IT MEANS
Everything you upload is your property and remains your responsibility.
- Payment of Fees
You will pay the Fees applicable to your subscription to the Online Service and/or Third Party Services (“Subscription Fees”) and any other applicable fees, including, without limitation, fees related to the value of sales made through your Storefront when using any payment provider other than Akira Payments (“Transaction Fee”), and any fees related to your purchase or use of any products or services such as Akira Payments, POS Hardware, shipping, applications, Themes, domain names, Expert Marketplace or Third Party Services (“Additional Fees”). Collectively, the Subscription Fees, Transaction Fees and Additional Fees are referred to as the “Fees”.
You must maintain a valid form of payment on file with us to pay all incurred and recurring Charges. Akira will charge the applicable Fees to any valid form of payment that you authorize (“Authorized Form of Payment”), and Akira will continue to charge the Authorized Form of Payment for the applicable Fees until the Services are cancelled, and all outstanding Fees have been paid in full. Unless otherwise stated, all Charges and other fees are denominated in U.S. dollars and all payments will be made in U.S. currency.
Subscription Fees are payable in advance and will be billed at 30-day intervals (each such date is referred to as a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at Akira’s discretion. You will be charged on each Billing Date for all outstanding Charges not previously collected. The Charges will appear on an invoice, which will be sent to the Store Owner via the email address provided. In addition, an invoice will appear on the Account page of your Store’s administration panel. Users have approximately two weeks to evoke and resolve any issues related to the billing of Subscription Fees.
If we are unable to process the payment of the Charges using an authorized payment method, we will make a second attempt to process the payment using any authorized payment method 3 days later. If the second attempt is unsuccessful, we will make a final attempt 3 days after the second attempt.
- Cancellation and Termination
You may cancel your Account and terminate the Terms of Service at any time by emailing Akira Customer Support and following the specific instructions set forth in Akira’s response.
Upon termination of the Services by either party for any reason:
Akira will cease providing the Services to you and you will no longer be able to access your Account;
unless otherwise stated in the Terms of Service, you will not be entitled to any refund of any Charges, pro rata or otherwise;
any outstanding balance due to Akira for use of the Services up to the effective date of such termination shall be immediately due and payable in full; and
your Store website and/or service will be disconnected.
If you purchased a domain name through Akira, upon cancellation your domain name will no longer be automatically renewed. After termination, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
If by the date of termination of the Service, there are any outstanding Fees owed by you, you will receive a final invoice by email. Once the invoice is paid in full, you will not be charged again.5. We reserve the right to modify or terminate the Akira Service, the Terms of Service and/or your Account for any reason, without notice at any time (unless otherwise provided by law). Termination of the Terms of Service shall be without prejudice to any other rights or obligations arising prior to the date of termination.
Fraud: without limiting any other remedy, Akira may suspend or terminate your Account if we suspect that you (by conviction, judgment, insurance or escrow investigation or otherwise) have engaged in fraudulent activity in connection with your use of the Services.
WHAT IT MEANS
To initiate a termination, send an email to [email protected]. Akira will respond with specific information about the process of terminating your account. Once the termination is confirmed, domains purchased through Akira will no longer automatically renew. If you cancel during the course of your billing cycle, you will receive a final invoice via email.
We may change or terminate your account at any time. In case of fraud we will suspend or terminate your account.
- Service Modifications and Pricing
Prices for use of the Services are subject to change upon 30 days prior notice from Akira. Such notice may be given at any time by posting the changes on the Akira Website (akirapublicidad.com) or in the administration menu of your Akira Account through an announcement.
Akira reserves the right to modify or discontinue the Services (or any part thereof) at any time and from time to time, with or without notice (unless otherwise required by applicable law).
Akira shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
WHAT THIS MEANS
We may change or discontinue the Service at any time without liability to you.
- Comments and Reviews
Akira welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall the disclosure of any ideas, suggestions or related material or any review of the Services, the External Services or any Third Party Provider (collectively, “Feedback”) to Akira be subject to any obligation of confidentiality or expectation of compensation. By submitting Comments to Akira (whether submitted directly to Akira or posted on any Akira-hosted forum or page), you waive any and all rights in the Comments and Akira is free to implement and use the Comments if it wishes, as proposed by you or as modified by Akira, without obtaining permission or license from you or any third party. Any review of a Third Party Service or Third Party Provider that you submit to Akira must be as accurate as possible to the best of your knowledge, and must not be unlawful, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or in any way aggravating to third parties or otherwise objectionable. Akira reserves the right (but not the obligation) to remove or edit a Comment from the External Services or Third Party Providers, but does not regularly inspect posted Comments.
- DMCA (Digital Millennium Copyright Act) Notice and Take Down Procedure
Akira supports the protection of intellectual property and asks Akira’s customers to do the same. It is our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they may send us a DMCA Notice to Akira’s designated agent using our form. Upon receipt of a DMCA Notice we may remove or disable access to the allegedly infringing Materials. Once the merchant receives a Notice of Removal Procedure it may, if it objects to the complaint, reply with a notice of opposition using our form. The person originating the complaint has 14 business days after we receive the notice of objection to seek an injunction to stop the merchant from continuing to engage in the infringing activity, failing which we will restore the materials. For more information, see our DMCA Notice and Takedown Procedure.
WHAT IT MEANS
Akira respects intellectual property rights and so should you. If we receive a DMCA Notice we may disable access to or remove the allegedly infringing content from your website. If you believe the claim is invalid, you may proceed with a counter-notice.
If you believe that one of our merchants is infringing your intellectual property rights, you may submit a DMCA Notice to Akira. We will promptly disable access or remove the content and notify the merchant. Please note that we post all notices we receive.
- Third Party Rights
Except for Akira and its affiliates, Akira Users or any person accessing the Akira Services pursuant to these Terms of Service, unless otherwise set forth in these Terms of Service, no person or entity that is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or in response to a particular description. For the avoidance of doubt, this shall not affect the rights of any authorized beneficiary or assignee of these Terms.
WHAT IT MEANS
Only Akira, Akira Users and persons accessing the Akira Services have any rights under these Terms of Service.
- Privacy and Data Protection
WHAT THIS MEANS
801 Brickell Ave. 8th Floor,
Miami, FL 33131