Terms of Service

1. Acceptance of Terms

Welcome to Akay. These Terms of Service ("Terms") govern your access to and use of the Akay website, applications, generation tools, brand analysis features, account features, and related services (the "Service").

By accessing or using the Service, you agree to these Terms. If you do not agree, please do not use the Service.

2. Description of Service

Akay helps users analyze brand context and generate on-brand marketing assets, including images, campaign concepts, social media visuals, ad creatives, email headers, website banners, and related content based on prompts, brand descriptions, linked brand materials, and other information you provide.

Some Akay features can be used without creating an account. Account features may allow you to save campaigns, generated assets, brand profiles, preferences, credits, orders, and subscriptions.

We may modify, suspend, or discontinue any part of the Service at any time, with reasonable notice where possible.

3. Eligibility and Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately if you suspect unauthorized access or a security breach.

You agree to provide accurate account, billing, and contact information when required, and to keep that information up to date.

4. Acceptable Use

You agree not to:

• Violate any applicable laws or regulations.
• Provide, link to, upload, or generate content that infringes intellectual property, privacy, publicity, or other rights of any party.
• Provide, link to, upload, or generate content that is unlawful, abusive, hateful, violent, harassing, deceptive, sexually exploitative, or otherwise harmful.
• Use the Service to generate content that promotes hate speech, violence, self-harm, fraud, malware, illegal activity, or abuse.
• Attempt to gain unauthorized access to our systems, accounts, models, data, or infrastructure.
• Interfere with, disrupt, overload, scrape, crawl, reverse engineer, or bypass limits, security controls, watermarking, credits, or access restrictions of the Service.
• Impersonate another person or misrepresent your affiliation with any person, company, brand, or entity.
• Use the Service to create misleading endorsements, counterfeit brand materials, or content that falsely suggests authorization from a brand or rights holder.

5. Your Content and Brand Materials

You retain ownership of the prompts, brand descriptions, linked assets, logos, guidelines, product information, and other content you provide or reference ("User Content").

By using Akay, you grant us a limited license to fetch, cache, host, store, reproduce, process, analyze, transform, display, and use User Content solely as needed to provide, secure, maintain, and improve the Service, including generating outputs requested by you.

You represent and warrant that you have all necessary rights, licenses, permissions, and authority to provide or link User Content and to use it with Akay. You are responsible for your prompts, linked content, and any use of generated outputs.

6. Generated Outputs and Licenses

Subject to these Terms and your compliance with applicable law, you may use the marketing assets, images, campaign concepts, and other outputs generated through Akay for personal or commercial purposes.

We do not claim ownership of the generated marketing assets you create with Akay, except for our underlying technology, models, software, templates, product design, and pre-existing intellectual property.

Generated assets may include a watermark, attribution, or other Akay branding depending on your plan or feature access. Paid plans or credits may provide access to watermark-free or higher-resolution downloads.

AI-generated outputs may be imperfect, similar to outputs generated for other users, or not suitable for every use case. You are responsible for reviewing outputs before publishing, advertising, or commercial use, including checking factual accuracy, brand compliance, legal compliance, and third-party rights.

7. Payments, Credits, and Subscriptions

Certain features may require payment, credits, or an active subscription. Prices, credit costs, usage limits, model availability, resolution, speed, watermark rules, and plan benefits may change over time.

Paid features are billed in advance unless otherwise stated. You are responsible for providing accurate billing information and for all charges incurred through your account. Refunds are handled on a case-by-case basis and may depend on payment processor rules, consumed credits, generated assets, and applicable law.

8. Intellectual Property

The Service, including its software, interface, branding, design, workflows, documentation, infrastructure, and original content excluding User Content, is owned by Akay or its licensors and is protected by copyright, trademark, and other laws.

Akay names, logos, trademarks, and trade dress may not be used in connection with any product or service without our prior written consent.

9. Service Availability and Changes

We aim to keep Akay reliable, but we do not guarantee uninterrupted, error-free, secure, or always-available service. Generation quality, speed, model behavior, supported formats, and output availability may vary based on load, providers, settings, and technical constraints.

We may update models, features, pricing, limits, policies, and workflows at any time.

10. Termination

You may stop using the Service at any time and may close your account where account deletion features are available.

We may suspend or terminate your access to the Service if you violate these Terms, misuse the Service, create legal or security risk, fail to pay amounts owed, or if continued service would be harmful to us, users, partners, or third parties.

Upon termination, your right to use the Service will cease. Certain provisions, including intellectual property, payment obligations, disclaimers, limitations of liability, and dispute-related terms, will survive termination.

11. Disclaimer

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, Akay disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, and reliability.

We do not guarantee that generated outputs will meet your expectations, be unique, be legally safe for every use, or comply with every platform, advertising, brand, or regulatory requirement.

12. Limitation of Liability

To the maximum extent permitted by law, Akay and its directors, employees, contractors, partners, suppliers, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, data, goodwill, business opportunities, or other intangible losses arising from or related to your use of or inability to use the Service.

13. Indemnity

You agree to defend, indemnify, and hold harmless Akay and its affiliates from claims, damages, liabilities, losses, costs, and expenses arising from your use of the Service, your User Content, your generated outputs, your violation of these Terms, or your violation of any law or third-party rights.

14. Changes to These Terms

We may update these Terms from time to time. When changes are made, we will update the date at the top of this page and, where appropriate, provide additional notice. Continued use of the Service after changes become effective means you accept the updated Terms.

15. Contact Us

If you have questions about these Terms, please contact us at support@akay.ai.