Akovex Terms of Service
1. Agreement and acceptance
These Terms of Service govern your use of the Akovex platform ("Platform") provided by Akovex, Inc. ("Akovex", "we"). By creating an account, clicking to accept, or using the Platform, you agree to these Terms on behalf of yourself and the organisation you represent ("Customer", "you"), and you represent that you are authorised to do so.
If you and Akovex have signed a Master Service Agreement, that agreement controls where it conflicts with these Terms.
Related documents incorporated by reference: the Privacy Policy, the Data Processing Agreement, the Refund Policy, and the Acceptable Use rules in section 5.
2. The service
Akovex is a multi-tenant, cloud-hosted business operations platform. Subject to these Terms and payment of fees, we grant you a non-exclusive, non-transferable, non-sublicensable right to access and use the Platform during your subscription term, for your internal business purposes.
We may modify, add or remove features. We will not materially degrade the core functionality you are paying for during a paid term without notice and, where the degradation is material, without offering you a pro-rata refund of the unused prepaid term.
3. Accounts and security
Each user must have their own account. Credential sharing is prohibited. You are responsible for all activity under your accounts, for promptly deprovisioning departed personnel, and for notifying us without undue delay of any suspected compromise. We strongly recommend enabling two-factor authentication, which the Platform supports.
4. Customer Data
4.1 Ownership. As between the parties, you own all data, content and materials you or your users submit to or generate in the Platform ("Customer Data"). We claim no ownership in it.
4.2 Our licence. You grant us a limited licence to host, copy, transmit, display and process Customer Data solely to provide, secure and support the Platform, to comply with law, and as instructed by you.
4.3 We do not sell Customer Data. We do not sell Customer Data, do not share it for cross-context behavioural advertising, and do not disclose it to advertising networks.
4.4 We do disclose Customer Data to subprocessors. Operating the Platform necessarily transmits Customer Data to third-party service providers — hosting, AI model providers, meeting and payment infrastructure, and connected business systems you enable. The current list is in Annex B of the Data Processing Agreement. (This clause corrects the previously published statement that we do not "share" data, which was inaccurate as written.)
4.5 Your responsibility for what you upload. You represent that you have the right to submit all Customer Data and to authorise its processing as contemplated here, including any consents, notices and lawful bases required for personal information about your employees, candidates, contacts and customers.
4.6 Aggregate statistics. We may generate and use aggregated, de-identified statistics about Platform usage that do not identify you, any individual, or any Customer Data. We will not attempt re-identification.
5. Acceptable use
You may not, and may not permit any user to:
(a) reverse engineer, decompile, or create derivative works from the Platform, or attempt to discover its source code, except to the extent that restriction is unenforceable by law; (b) resell, sublicense, timeshare, or provide the Platform as a service bureau to third parties without our written agreement; (c) scrape, crawl or bulk-extract data by automated means outside the documented API and your own tenant; (d) attempt unauthorised access to the Platform, to other tenants' data, or to underlying infrastructure; probe or penetration-test without our prior written consent; (e) upload malware, or content that is unlawful, infringing, harassing or obscene; (f) use the Platform to send unlawful marketing communications, or in violation of telemarketing, anti-spam or call- and message-recording laws; (g) upload protected health information subject to HIPAA, cardholder data subject to PCI DSS beyond what our payment processor handles directly, government classified information, or data of children under 16, unless we have separately agreed in writing; (h) use the Platform's automated assessment features in a manner that violates employment, anti-discrimination, or automated-decision law (see section 8); (i) misrepresent your identity or your authority to bind an organisation.
We may suspend access without prior notice where continued use presents an imminent risk to the Platform, to other customers, or of legal liability. We will restore access promptly once the risk is resolved.
6. Fees, billing and renewal
6.1 Fees are as stated on your order or at checkout. Subscriptions are billed in advance, monthly or annually, through our payment processor.
6.2 Auto-renewal. Subscriptions renew automatically for successive terms of the same length unless cancelled before the end of the then-current term. We will send a renewal reminder at least 30 days before an annual renewal and at least 7 days before a price increase takes effect. You may cancel at any time from your account settings or by written notice; cancellation takes effect at the end of the current paid term.
6.3 Price changes. We may change prices with at least 30 days' notice, effective at your next renewal, never mid-term.
6.4 Taxes. Fees exclude sales, use and similar taxes, which you are responsible for except taxes on our income.
6.5 Non-payment. If an invoice is more than 15 days overdue we may suspend access after written notice. Suspension does not relieve you of fees accrued.
6.6 Refunds. Governed by the Refund Policy, incorporated by reference.
7. AI-powered features
7.1 The Platform includes features that use artificial intelligence, including third-party large language models. Which provider processes a given request is determined by an internal routing layer and may vary.
7.2 Outputs are advisory. AI outputs are informational assistance only. They are not legal, financial, tax, medical, employment or other professional advice. They may be inaccurate, incomplete, biased or unsuitable for your circumstances.
7.3 You are responsible for review. You are solely responsible for reviewing, validating and deciding whether to act on any AI output. You must not treat any AI output as a decision.
7.4 Your inputs go to third parties. Content you submit to AI features is transmitted to third-party model providers listed in the DPA. Do not submit privileged material, protected health information, or anything you are not authorised to disclose to a subprocessor.
7.5 Output ownership. As between the parties, you own AI outputs generated from your inputs, subject to the model providers' terms. AI outputs may not be unique; identical or similar outputs may be generated for others.
8. Automated assessments about people — allocation of responsibility
Read this section before enabling any feature that scores individuals.
8.1 Certain paid features generate automated assessments about identifiable individuals, including interview scores with hire recommendations, performance grades and discipline recommendations, contribution scores with pay-raise and bonus recommendations, and attrition-risk scores. These are described in the Privacy Policy, section 3.
8.2 You are the employer and the deployer. Akovex supplies a tool. You alone decide whether to use it, on whom, and what weight to give its output. For all purposes under employment and automated-decision law, you are the employer of your personnel and the deployer of the tool.
8.3 Your covenants. You agree that you will: (a) give every affected employee, applicant and contractor the notices your jurisdiction requires; (b) obtain any required consents, including consent to AI-analysed video interviews where the law requires it; (c) not use any Akovex output as the sole or determinative basis for a hiring, promotion, discipline, compensation or termination decision, and ensure a qualified human makes and can independently justify each such decision; (d) conduct or commission any bias audit your jurisdiction requires, and maintain the records your jurisdiction requires; (e) not use these features for any individual located in the European Union or the United Kingdom without our prior written agreement.
8.4 What the Platform does not currently do. We disclose plainly: except for the compensation-recommendation workflow, the Platform does not enforce a human-approval gate before an assessment is visible or actionable, does not capture consent, and does not maintain a per-decision audit record. Do not assume a safeguard the software does not provide.
8.5 Legal counsel. These features intersect with Title VII, the ADA and the ADEA, with the Illinois Human Rights Act and AI Video Interview Act, with NYC Local Law 144, and with California FEHA automated-decision regulations. You should obtain employment-law advice before deploying them. Akovex does not provide legal advice.
9. Document templates are not legal advice
The Platform generates employment and business document templates, including offer letters, non-disclosure agreements, intellectual property assignments and contractor agreements. These are drafting conveniences, not legal advice, and are not a substitute for a licensed attorney. They are not tailored to your jurisdiction, your industry or your circumstances, and may be inaccurate or unenforceable where you operate. Have them reviewed by your own counsel before use. Akovex is not a law firm and no attorney-client relationship arises from your use of the Platform.
10. Recording features
The Platform can record meetings and interviews and generate transcripts. The Platform does not currently capture participant consent to recording. Recording laws vary by state and several require the consent of every participant. You are solely responsible for obtaining all legally required notices and consents before enabling or using any recording feature, and for complying with any applicable law governing AI analysis of recorded interviews. See the Privacy Policy, section 5.
11. Availability and support
11.1 We aim to keep the Platform available and to perform planned maintenance outside US business hours where practicable, with advance notice for maintenance expected to cause more than brief interruption.
11.2 No service level commitment under these Terms. We do not commit to a specific uptime percentage under these Terms. We do not operate the uptime monitoring or public status page that would be needed to measure or substantiate one, and we will not publish a number we cannot measure. A contractual availability commitment backed by service credits is available only under a signed Master Service Agreement.
11.3 Support. Standard support is by email during US business hours, Monday to Friday, excluding US federal holidays. Enhanced support is available under an MSA.
12. Warranties and disclaimers
12.1 We warrant that we will provide the Platform with reasonable skill and care, and that we will not knowingly introduce malicious code.
12.2 EXCEPT AS EXPRESSLY STATED, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
12.3 WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY AI OUTPUT, SCORE, RECOMMENDATION, ASSESSMENT, FORECAST OR GENERATED DOCUMENT WILL BE ACCURATE, COMPLETE, UNBIASED, SUITABLE OR LEGALLY COMPLIANT.
12.4 We hold no SOC 2 report and no ISO 27001 certification, and we make no representation that we do.
13. Limitation of liability — ATTORNEY REVIEW MANDATORY
13.1 Excluded damages. Neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost goodwill, or loss of data or its cost of recovery, however caused and regardless of theory, even if advised of the possibility.
13.2 Aggregate cap. Each party's total aggregate liability arising out of or relating to these Terms will not exceed the total fees paid or payable by you to Akovex in the twelve months preceding the event giving rise to the claim.
13.3 Data-security super-cap. For claims arising from a security incident caused by our breach of our security obligations, the cap in 13.2 is increased to [two times] the twelve-month fees, and in no event exceeds the limits of any applicable cyber liability insurance actually in force.
13.4 Exclusions from the cap. The caps do not apply to your payment obligations, to either party's indemnity obligations under section 14, to your breach of section 5 (acceptable use), or to a party's fraud, wilful misconduct or gross negligence.
13.5 Allocation. You acknowledge that the fees reflect this allocation of risk and that we would not provide the Platform at these prices without it.
14. Indemnification
14.1 By Akovex. We will defend you against a third-party claim alleging that the Platform, used as permitted, infringes a US patent, copyright, trademark or trade secret, and will pay resulting damages finally awarded or settlement amounts we approve. This does not apply to claims arising from Customer Data, from your combination of the Platform with other products, or from your use in breach of these Terms.
14.2 By Customer. You will defend and indemnify us against third-party claims arising from: (a) Customer Data, including claims that it was collected, uploaded or processed unlawfully; (b) your use of the Platform in breach of section 5, section 8 or section 10; (c) any employment, discrimination, wage, privacy or wiretap claim brought by any of your employees, applicants, contractors or meeting participants arising from your use of the Platform's automated assessment or recording features; and (d) your use of Platform-generated document templates.
14.3 Standard indemnity procedure applies: prompt notice, sole control of defence by the indemnifying party, and reasonable cooperation. No settlement imposing liability or an admission on the other party without its consent.
15. Term, termination and data return
15.1 These Terms run while you have an account or an active subscription.
15.2 Termination for convenience. You may cancel at any time, effective at the end of the current paid term. See the Refund Policy.
15.3 Termination for cause. Either party may terminate on material breach not cured within 30 days of written notice. We may terminate or suspend immediately for a breach of section 5 that presents imminent risk, or for non-payment after notice under 6.5.
15.4 Data export on termination. On written request made within 30 days after termination, we will provide a copy of your Customer Data in the formats we are able to produce. Export is performed manually by our team; contact support to arrange it. Self-service export covers projects, contacts and people only, and a complete self-service extract is not yet available. We do not represent that it is.
15.5 After the export window we may delete Customer Data, subject to the retention exceptions in the Privacy Policy, section 9.
15.6 Survival. Sections 4.1, 5, 7, 8, 9, 12, 13, 14, 15.5, 16 and 17 survive.
16. Governing law and disputes
These Terms are governed by the laws of the State of Utah, without regard to conflict-of-laws rules. The exclusive venue for disputes is the state and federal courts located in Salt Lake County, Utah, and each party consents to that jurisdiction. **** The UN Convention on Contracts for the International Sale of Goods does not apply.
17. General
Entire agreement; no reliance on statements outside these Terms and the documents they incorporate. Amendments take effect on notice; material changes take effect at your next renewal, and continued use after that constitutes acceptance. Neither party may assign without the other's consent, except to a successor in a merger or sale of substantially all assets. Force majeure excuses non-performance other than payment. If a provision is unenforceable it is modified to the minimum extent necessary and the remainder stands. No waiver by course of conduct. Notices to us at [email protected]; to you at your account email. The parties are independent contractors. We may not identify you as a customer or use your name or logo publicly without your prior written consent.
18. Contact
Akovex, Inc., a Delaware corporation