Terms of Service

AKAPULU TERMS OF SERVICE Last updated: 2026-05-09 These Terms of Service ("Terms") are a legal agreement between you and Akapulu LLC ("Akapulu," "we," "us," or "our"). By accessing or using Akapulu services, websites, APIs, and related applications (collectively, the "Services"), you agree to these Terms. If you do not agree, do not use the Services. In these Terms, words and phrases such as "including," "for example," and "such as" mean "including, without limitation." 1. Eligibility You must be at least 18 years old to use the Services. 2. Accounts and Security You are responsible for: - maintaining the confidentiality of your account credentials and API keys, - all activity under your account, - keeping your endpoint credentials, secrets, and integrations secure. You must notify us promptly of any suspected unauthorized account access. 3. What the Services Do Akapulu provides conversational avatar and related AI tooling, including recording, avatar generation, voice and video processing, conversation sessions, transcripts, and developer/API features. The Services are designed primarily for business and developer use cases, including customer-facing applications built by organizations on top of Akapulu APIs and related tooling. Some features rely on third-party providers and infrastructure. For use of Akapulu's public marketing website only, see https://akapulu.com/website-terms. 4. User Content and Rights "User Content" includes any content you submit, upload, transmit, configure, or generate through the Services, including videos, audio, voice data, transcripts, text, and configuration data. You retain ownership of your User Content, subject to the licenses and rights granted in these Terms. You grant Akapulu a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, modify, create derivative works from, transmit, display, and otherwise use User Content to: - operate and provide the Services, - develop, maintain, evaluate, and improve models and platform performance, - enforce safety, abuse prevention, and legal compliance. You acknowledge that this includes use of User Content to improve models and platform quality. If you want to opt out of model-improvement use of your User Content, contact privacy@akapulu.com. We will review and process opt-out requests in good faith according to our operational and legal constraints. Opt-out requests may apply prospectively and may not require removal of prior training, derived artifacts, safety records, or previously completed processing. 5. Consent, Representation, and Responsibility You represent and warrant that: - you have all rights, permissions, and consents needed to submit User Content, - if content includes another person, you have their legally valid consent, - your use of the Services complies with all applicable laws. You are solely responsible for obtaining all required notices and consents for recording, voice use, biometric/likeness use, and sharing. You are solely responsible for determining whether a conversation may be recorded or transcribed under applicable law, and for providing all required disclosures and obtaining all required consents from all participants before enabling or initiating recording or transcription. Any recording controls, notices, prompts, or indicators provided by Akapulu are offered for product functionality and convenience only, and do not constitute legal advice or shift your legal compliance responsibilities. 6. Public Avatars By default, avatars are private. Public avatars are not enabled by default. If you want an avatar to be public, you must request public-avatar access from Akapulu and receive approval. If Akapulu enables your avatar as public, it may be visible in public/catalog contexts and accessed by other users as described in these Terms. Public avatars are available only to logged-in Akapulu users and only for use in real-time conversations within the Services. By making an avatar public, you grant Akapulu a worldwide, non-exclusive, royalty-free license to display that avatar in catalog/public contexts and to allow other logged-in users to use it in real-time conversations within the Services. You also grant Akapulu a worldwide, non-exclusive, royalty-free license to use, reproduce, display, and distribute your public avatar and related output for Akapulu marketing and promotional purposes (for example on our website, social media, product demos, and sales materials). You may request removal of a public avatar, request that an avatar be switched from public to private, or request broader data deletion by contacting privacy@akapulu.com. After we verify a valid request, our target is to process public-avatar removal or public-to-private changes within 30 days, subject to operational, legal, and safety constraints. After we verify a valid removal request, we will also use commercially reasonable efforts to remove that avatar from Akapulu-controlled marketing and promotional surfaces within the same 30-day target window, subject to operational, legal, and safety constraints. If we remove a public avatar, we will stop future platform-wide use of that avatar. Historical conversation recordings that already used that avatar may be retained. You are responsible for what you make public. 7. Prohibited Uses You may not use the Services for unlawful, harmful, or abusive purposes, including: - sexual content of any kind, including sexual exploitation or sexually explicit abusive content, - romantic, dating, flirtation, intimate-partner simulation, or "AI girlfriend/boyfriend" persona use cases (whether or not sexually explicit), - using the Services to create, present, or distribute avatars, outputs, or experiences intended to be treated as divine, prophetic, or spiritually authoritative entities, including for worship, religious obedience, doctrinal pronouncement, or spiritual mediation, - non-consensual impersonation, deceptive deepfakes, harassment, threats, or hate, - fraud, scams, identity theft, or illegal surveillance/stalking, - any sexualized, exploitative, grooming, or manipulative use involving minors, whether real or simulated, - content or use that encourages suicide, self-harm, violent acts, or instructions for harm, - promotion, recruitment, propaganda, financing, or operational support for extremism or terrorism, - deceptive political persuasion, voter suppression, impersonation of political officials or candidates, or undisclosed synthetic campaign messaging, - face or voice identification, tracking, or monitoring of people without a lawful basis or required consent, - phishing, account takeover tactics, urgent transfer fraud, or similar social-engineering manipulation, - infringement or misappropriation of intellectual property or privacy/publicity rights, - attempts to bypass security controls, interfere with systems, reverse engineer protected systems, or abuse the platform, - scraping, crawling, automated extraction, or dataset harvesting from the Services, - benchmarking, comparative testing, or evaluation of the Services for competitive use, - creating or using multiple accounts, organizations, API keys, or identities to evade plan limits, quota caps, concurrency limits, pricing, enforcement actions, or account suspensions, - using the Services, Outputs, or derivatives to build, train, or improve competing avatar, voice, or generative AI systems. We may remove content and suspend or terminate accounts for violations. 7.1 License Restrictions In addition to Section 7, you will not, and will not permit any authorized user, affiliate, customer, or end user of your application to: - allow any unauthorized third party to access or use the Services, - modify, adapt, alter, or translate the Services, - sublicense, lease, sell, resell, rent, loan, distribute, transfer, or otherwise make the Services available to any unauthorized third party, - copy or create derivative works based on any part of the Services, except as expressly permitted in these Terms, - access or use the Services through any unapproved interface, client, wrapper, or integration, - remove, alter, or obscure any proprietary notices (including copyright, trademark, service mark, or attribution notices) appearing on or in the Services, - use the Services in any manner that exceeds the scope of use permitted under these Terms, the applicable documentation, or applicable law. 8. Third-Party Services and Providers The Services may integrate with or rely on third parties (for example cloud storage, realtime media, model hosting, billing providers, and data infrastructure). To the maximum extent permitted by law, we are not responsible for third-party outages, delays, or failures. For recording and video-processing features, audio/video streams and recording-related files or metadata may be transmitted to or stored with third-party providers used for hosting, media infrastructure, model serving, speech processing, analytics, and related service operations. For other service functions, we may also use third-party providers for billing, payments, database infrastructure, cloud infrastructure, and AI/ML functionality. Use of third-party services may also be subject to those providers' terms and policies. 9. Fees, Billing, and Refunds Some Services may be paid. You agree to pay applicable fees and taxes. Pricing, feature limits, and usage limits (including minutes, concurrency, avatar limits, and duration limits) may be updated by Akapulu with notice. If you purchase a subscription plan, it may renew automatically unless you cancel before the next renewal date. Billing intervals and renewal dates are shown in your account settings, checkout flow, invoice, or related billing interface. Upgrades may take effect immediately. Downgrades or cancellations generally take effect on the next renewal date unless otherwise stated in your billing settings or checkout flow. Unless required by applicable law, all fees are non-refundable, including prepaid subscription fees and usage-based or overage charges. No prorated refunds are provided for partial billing periods. If you cancel a subscription, cancellation applies to the next renewal and you retain access through the current paid period. At our sole discretion, we may issue credits or refunds in specific cases. If payment fails or fees remain unpaid, we may suspend or limit access. 10. No Service Level Agreement Unless explicitly stated in a separate signed agreement, Akapulu provides no SLA, uptime guarantee, or guaranteed response times. 11. Suspension and Termination We may suspend, restrict, or terminate access at any time, including for: - Terms violations, - legal or regulatory risk, - abuse or security concerns, - non-payment. You may stop using the Services at any time. Upon termination, Akapulu may disable access to your account and delete, de-identify, or otherwise remove User Content and related account data from active systems, backups, logs, or derived systems according to operational, safety, legal, and compliance requirements. 12. Disclaimers AI-generated outputs may be inaccurate, incomplete, non-unique, or unsuitable for your intended use. You are responsible for reviewing outputs before use, publication, distribution, or reliance. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, AKAPULU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. 13. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, AKAPULU WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AKAPULU'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED USD $500. THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 14. Indemnification You agree to defend, indemnify, and hold harmless Akapulu and its officers, managers, employees, and agents from and against claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from: - your User Content, - your use of the Services, - your violation of these Terms, - your violation of law or third-party rights. 15. Governing Law These Terms are governed by the laws of the State of California, without regard to conflict of laws principles. For disputes that are not required to be arbitrated (including eligible small claims matters or where arbitration is unenforceable), you and Akapulu agree to exclusive jurisdiction and venue in the state or federal courts located in Los Angeles County, California, unless applicable law requires otherwise. 16. Dispute Resolution; Arbitration; Class Action Waiver Please read this section carefully. 16.1 Informal Resolution First (60 Days) Before filing arbitration, either party must send written notice of the dispute and try in good faith to resolve it informally for at least 60 days. Notice to Akapulu should be sent to: - Email: legal@akapulu.com - Mail: Akapulu LLC, c/o UNITED STATES CORPORATION AGENTS, INC. (1505 Corporation), 500 N Brand Blvd, Suite 890, Glendale, CA 16.2 Binding Arbitration If a dispute is not resolved informally, it will be resolved by final and binding arbitration on an individual basis, seated in Los Angeles County, California, and administered under applicable consumer arbitration rules of the American Arbitration Association (AAA), unless another administrator is mutually agreed in writing. Either party may bring an eligible individual claim in small claims court instead of arbitration. YOU AND AKAPULU WAIVE THE RIGHT TO A JURY TRIAL FOR DISPUTES COVERED BY THIS SECTION. 16.3 Class Action Waiver To the maximum extent permitted by law, you and Akapulu waive any right to participate in class, collective, representative, or private attorney general actions. 16.4 Emergency Carveout Nothing in this section prevents either party from seeking temporary or injunctive equitable relief in a court of competent jurisdiction to prevent immediate and irreparable harm (for example, unauthorized access, fraud, abuse, or intellectual property misuse). 16.5 One-Year Claim Limitation To the maximum extent permitted by law, any claim arising out of or relating to the Services or these Terms must be brought within one (1) year after the claim arose, or it is permanently barred. 16.6 Arbitration Confidentiality and Individual Procedure To the maximum extent permitted by law, arbitration proceedings are confidential. Disputes must be brought on an individual basis and may not be consolidated with other claims except where required by law. 16.7 30-Day Arbitration Opt-Out You may opt out of this Section 16 by sending written notice within 30 days after first becoming subject to these Terms. Your notice must include your full name, account email, mailing address, and a clear statement that you want to opt out of arbitration. Send opt-out notices to: - Email: legal@akapulu.com - Mail: Akapulu LLC, c/o UNITED STATES CORPORATION AGENTS, INC. (1505 Corporation), 500 N Brand Blvd, Suite 890, Glendale, CA If you opt out validly and on time, Section 16 will not apply to you, and disputes will be resolved under Section 15 and any other applicable dispute-related provisions of these Terms. 17. Export and Sanctions Compliance You may not use the Services in violation of export control laws, sanctions laws, or trade restrictions. You represent that you are not in a restricted jurisdiction or on a prohibited-party list for use of the Services. 18. Changes to Terms We may update these Terms from time to time. For material changes, we may provide notice by email, in-product notice, posting, or similar means. We may request additional acknowledgment or consent in a manner we specify where appropriate. For non-material changes, updated Terms become effective when posted unless otherwise stated. Your continued use of the Services after changes become effective means you accept the updated Terms. 19. Contact Akapulu LLC Email: info@akapulu.com Mail: c/o UNITED STATES CORPORATION AGENTS, INC. (1505 Corporation), 500 N Brand Blvd, Suite 890, Glendale, CA 20. Intellectual Property Complaints If you believe content on the Services infringes your intellectual property rights, contact us at legal@akapulu.com with sufficient detail for us to investigate, including: - your contact information, - identification of the allegedly infringing content, - identification of the rights claimed, - a statement of good-faith belief that the use is unauthorized, - a statement that your notice is accurate. We may remove or restrict access to challenged content while investigating. 21. Data Retention, Deletion, and Backups You acknowledge that Akapulu may store and process data across third-party systems and infrastructure used to provide the Services. We may retain, delete, or de-identify User Content and related data according to operational, legal, compliance, and safety needs. Depending on service operations and legal requirements, some data may be retained long-term or indefinitely unless deletion is requested and applicable law requires or permits deletion. When you request deletion, we will process your request in accordance with applicable law and our operational/legal obligations. Certain records may be retained where required or permitted by law, including conversation recordings already created using an avatar. Unless required by law or a separate written agreement, Akapulu is not obligated to retain or provide backup copies of User Content indefinitely. You are responsible for maintaining your own copies of content you need to preserve. 22. Miscellaneous 22.1 Severability If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect. 22.2 Waiver Failure to enforce any provision of these Terms is not a waiver of future enforcement. 22.3 Assignment You may not assign or transfer these Terms without Akapulu's prior written consent. Akapulu may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets. 22.4 Force Majeure Akapulu is not liable for delays or failures caused by events outside its reasonable control, including internet or infrastructure outages, third-party service failures, labor disputes, natural disasters, war, terrorism, or government action. 22.5 Entire Agreement These Terms, together with any policies expressly incorporated by reference, form the entire agreement between you and Akapulu regarding the Services, unless superseded by a separate written agreement signed by both parties. 22.6 Enterprise Agreement Precedence If you or your organization enter into a separate written agreement with Akapulu (for example, an MSA, order form, or enterprise services agreement) signed by both parties, that agreement controls to the extent of any conflict with these Terms.