Terms of Service

1. General

EOS (the "Platform" or "Application") and related services (together with the Application and the website at akaeos.com, the "Service") are operated by AKA Intelligence ("AKA Intelligence," "Company," or "we"). Access and use of the Service are subject to the following Terms and Conditions of Service ("Terms and Conditions"). By accessing or using any part of the Service, you represent that you have read, understand, and agree to be bound by these Terms and Conditions, including any future modifications.

AKA Intelligence may amend, update, or change these Terms and Conditions. If we do this, we will post a notice that we have made changes in the Application or on the Website for at least seven days after the changes are posted, and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions will become effective the earlier of the end of such 7-day period, or the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access, or participate in the Service.

PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICE.

i. Notices

Under this Agreement, you consent to receive communications from AKA Intelligence electronically. AKA Intelligence will communicate with you by e-mail or by posting notices on the Website or the Application. You agree that all agreements, notices, disclosures, and other communications that AKA Intelligence provides to you electronically satisfy any legal requirement that such communications be in writing. Notices to AKA Intelligence shall be sent to 9th Floor, 100, Cheonggyecheon-ro, Jung-gu, Seoul, Republic of Korea, 04542.

ii. Complete Agreement

This Agreement contains the entire understanding between the parties and supersedes, replaces, and takes precedence over any prior understanding or oral or written agreement between the parties respecting the subject matter of this Agreement.

iii. Severability

In the event any provision of this Agreement shall be held invalid, the same shall not invalidate or otherwise affect in any respect any other term or terms of this Agreement, which term or terms shall remain in full force and effect.

iv. Transfer and Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by AKA Intelligence without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

v. Non-Waiver

No delay or omission by AKA Intelligence in exercising any right under this Agreement shall operate as a waiver of that or any other right.

vi. Headings

The headings and other captions in this Agreement are included solely for convenience of reference and will not control the meaning and interpretation of any provision of this Agreement.

vii. Contact Us

Please contact us at info@akaintelligence.com with any questions regarding this Agreement.

2. Description of Application and Service

The Service is an AI-powered sales- and customer-conversation training platform. It allows organizations and their authorized users ("Users") to practice conversations through roleplay with AI-simulated customers, receive automated scoring and coaching, verify product knowledge against the organization's own documents, and complete quizzes generated from those materials. AKA Intelligence may, at its sole discretion and at any time, update, change, suspend, make improvements to, or discontinue any aspect of the Service, temporarily or permanently.

3. Registration and Content

i. Registration

In connection with registering for and using the Service, you agree:

• to provide accurate, current, and complete information about you and/or your organization as requested by AKA Intelligence;
• to maintain the confidentiality of your password and other information related to the security of your account;
• to maintain and promptly update any registration information you provide, to keep it accurate, current, and complete;
• to be fully responsible for all use of your account and for any actions that take place through your account.

The Service is intended for use by organizations and their authorized personnel. If you use the Service on behalf of an organization, you represent that you are authorized to accept these Terms and Conditions on that organization's behalf.

ii. Your Content

"Customer Content" means the documents, materials, transcripts, inputs, and other data that you or your organization upload to or generate through the Service (including knowledge documents, roleplay conversations, and quiz responses). As between you and AKA Intelligence, you and your organization retain all ownership of and rights in your Customer Content. You grant AKA Intelligence a limited, non-exclusive, worldwide license to host, process, transmit, and display Customer Content solely as necessary to provide, secure, and support the Service for you, and to improve the Service in aggregated and de-identified form. Customer Content is not made public to other organizations, and AKA Intelligence does not sell your Customer Content. You represent that you own or have secured all rights necessary for Customer Content to be used as contemplated by these Terms and Conditions.

4. Rules and Prohibitions

You may not:

• access or use the Service for any purpose that is unlawful or prohibited by this Agreement;
• use the Service in any manner that could damage, disable, overburden, or impair it, or interfere with any other party's use of the Service;
• intentionally interfere with or damage the operation of the Service by any means, including uploading or disseminating viruses, worms, or other malicious code;
• remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Service;
• attempt to gain unauthorized access to the Service, other accounts, or computer systems or networks connected to the Service, through hacking, password mining, or any other means;
• use any robot, spider, scraper, or other automated means to access the Service without our express written permission;
• utilize any trademark, logo, or other AKA Intelligence materials without our express written consent;
• modify the Service, or use modified versions of the Service, including to obtain unauthorized access;
• create an account for anyone other than yourself without authorization, use another person's account without authorization, or impersonate any person or entity;
• violate any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights;
• upload or share other people's private or personally identifiable information without their authorization;
• attempt to undertake any of the foregoing indirectly.

You further agree to use the Service only for legitimate training purposes authorized by your organization.

5. Inappropriate Use

You will not upload, display, or otherwise provide on or through the Service any content that is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity, or other proprietary rights), or that, in AKA Intelligence's sole judgment, is objectionable or which may expose AKA Intelligence or its users to any harm or liability of any kind.

6. Indemnification

You agree to indemnify and hold harmless AKA Intelligence, its affiliated companies, suppliers, licensors, and partners from any claims, losses, damages, or liabilities, including attorney's fees, arising out of your use or misuse of the Service, violation of the rights of any other person or entity, or any breach of this Agreement. AKA Intelligence reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

7. License to the Service

Subject to these Terms and Conditions, AKA Intelligence grants you a non-transferable, non-exclusive, revocable license to access and use the Service for your organization's internal business purposes. You may not derive or attempt to derive the source code of the Service, permit any third party to do so, or reverse engineer, decompile, disassemble, or translate the Service or any part thereof. AKA Intelligence and its licensors own and shall retain all intellectual property rights in and to the Service and any changes, modifications, or corrections thereto.

8. Subscriptions and Fees

Access to paid features of the Service is offered on a subscription basis. If you purchase an auto-renewing subscription, your account will be billed on a recurring basis until you terminate it. After your initial subscription period, your subscription will automatically renew unless you cancel it before the end of the then-current term by following the instructions in your account or by contacting us. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you, at the prices in effect when the charges are incurred. AKA Intelligence may update the pricing of subscriptions at any time; changes will not affect the price of a term already paid for. All information you provide in connection with a purchase must be accurate, complete, and current.

9. Payment Processors

Third parties will process all financial transactions made in connection with the Service in accordance with their respective terms of use, privacy policy, and applicable payment terms. We encourage you to learn about the practices of such third parties. In no event will AKA Intelligence be responsible for the actions or inactions of any third-party payment processor, including system downtime or payment service outages.

10. Refund Policy

If AKA Intelligence suspends or terminates your use of the Service, or you close your account voluntarily, you understand and agree that, except as required by applicable law or by a separate written agreement between you and AKA Intelligence, you will receive no refund or exchange for any unused subscription period, Content, or data associated with your use of the Service.

11. No Representations or Warranties

THE SERVICE, INCLUDING ALL CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY, AND RIGHTS GRANTED OR PROVIDED TO YOU BY AKA INTELLIGENCE ARE PROVIDED TO YOU ON AN "AS IS" BASIS. AKA INTELLIGENCE AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. AKA INTELLIGENCE DOES NOT MAKE ANY REPRESENTATION OR WARRANTY RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, ERROR-FREE OPERATION, OR RESULTS TO BE OBTAINED FROM USE. AI-GENERATED SCORES, COACHING, AND KNOWLEDGE ASSESSMENTS ARE PROVIDED FOR TRAINING PURPOSES AND MAY CONTAIN ERRORS. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS, OR MAINTENANCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

12. Limitation of Liability

IN NO EVENT WILL AKA INTELLIGENCE BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE, INCLUDING LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA, EVEN IF AKA INTELLIGENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AKA INTELLIGENCE'S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO AKA INTELLIGENCE FOR THE SERVICE IN THE 12 MONTHS BEFORE THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT.

13. Termination

AKA Intelligence may terminate your access and use of the Service at any time, for any reason, subject to any separate written agreement between you and AKA Intelligence. You may terminate your account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to proprietary rights, your representations and warranties, disclaimers, indemnities, limitations of liability, ownership of data, governing law and venue, and miscellaneous provisions shall survive any such termination.

14. Proprietary Rights in Content

All content made available through the Service by AKA Intelligence, including designs, text, graphics, images, software, and audio, and their selection and arrangement, are the proprietary property of AKA Intelligence or its licensors. Except for Customer Content, which is owned by you or your organization as described in Section 3, no such content may be modified, copied, distributed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form other than as expressly permitted in these Terms and Conditions. All rights not explicitly granted are reserved to AKA Intelligence and its licensors.

15. Trademarks

"EOS," "AKA Intelligence," and all other trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or service marks of AKA Intelligence or their respective owners. Access and use of the Service does not grant you the right or license to reproduce or otherwise use the AKA Intelligence name or any AKA Intelligence or third-party trademarks, service marks, graphics, or logos.

16. Privacy

Use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the terms of the Privacy Policy.

17. Arbitration and Class Action Waiver

i. Arbitration

These Terms and Conditions, their subject matter, and AKA Intelligence's and your respective rights under these Terms and Conditions, as well as any claim, cause of action, or dispute ("claim") arising out of or related to these Terms and Conditions, shall be governed by and construed under the laws of the Republic of Korea, excluding its conflict-of-law provisions, regardless of your country of origin or where you access the Service. Except for AKA Intelligence's right to seek injunctive relief, any dispute or claim relating in any way to these Terms and Conditions or the Service will be resolved exclusively through final and binding arbitration on an individual basis, instead of a court or jury trial. If you intend to seek arbitration, you must first send AKA Intelligence a written notice of your intent to arbitrate by electronic mail to info@akaintelligence.com or by post to AKA Intelligence (Attention: 9th Floor, 100, Cheonggyecheon-ro, Jung-gu, Seoul, Republic of Korea, 04542). The notice must describe the nature and basis of the claim, set forth the specific relief sought, and include your name, address, and contact information.

ii. No Class Action

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND AKA INTELLIGENCE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF, FOR ANY REASON, A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND AKA INTELLIGENCE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

iii. 30-Day Right to Opt-Out

If you do not want to arbitrate disputes with AKA Intelligence and are an individual, you may opt out of this arbitration agreement by emailing info@akaintelligence.com within 30 days of the day you first access or use the Service.

18. Language

This agreement was originally written in English (US). To the extent that any translated version of this agreement conflicts with the English version, the English version controls.

19. Miscellaneous

These Terms and Conditions constitute the entire agreement between AKA Intelligence and you concerning the subject matter hereof. In the event that any provision is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver of any provision or breach, in any one instance, will not waive such term or any subsequent breach. AKA Intelligence may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and inure to the benefit of AKA Intelligence and you, and each party's respective successors and permitted assigns.