Terms of Service

4.1 AI outputs are not guaranteed to be accurate, complete, or appropriate. All content generated by AKAI — including emails, call scripts, proposals, social media posts, advertising copy, lead data, reports, and recommendations — is produced by artificial intelligence and may contain errors, omissions, inaccuracies, or content that is inappropriate for your specific context.

4.2 You are solely responsible for reviewing, approving, and taking responsibility for any content before it is sent, published, or acted upon. AKAI does not send communications on your behalf without your configuration and authorisation of the relevant automated workflows.

4.3 AI voice calls made via Sophie are automated. You are responsible for ensuring:

• Recipients have consented or are otherwise legally contactable in your jurisdiction
• Call scripts comply with applicable telecommunications, spam, and consumer protection laws
• You have obtained any required registrations, licences, or approvals for outbound calling in your jurisdiction

4.4 AKAI is not responsible for:

• Any loss, damage, claim, liability, cost, or expense arising from the use of AI-generated content
• Any communication sent to a third party via the Service, including calls, emails, or messages
• Any regulatory breach, complaint, or penalty arising from your use of AI-generated communications
• Any business decision made in reliance on AKAI outputs
• Loss of data, revenue, profits, customers, reputation, or goodwill arising from use of the Service

4.5 To the maximum extent permitted by law, AKAI's total aggregate liability to you for any claim arising from or related to the Service shall not exceed the total amount paid by you to AKAI in the 3 months preceding the claim, or AUD $100, whichever is greater.

4.6 Nothing in these Terms excludes liability that cannot be excluded by law (including under the Australian Consumer Law).

5.1 You are responsible for all activity that occurs under your account.

5.2 You must not use AKAI to:

• Send spam, unsolicited communications, or communications that violate applicable law
• Harass, threaten, or deceive any person
• Generate or distribute illegal, defamatory, or harmful content
• Impersonate any person or entity
• Conduct outbound calls or messages without appropriate consent or legal basis
• Violate any applicable law or regulation

5.3 You are responsible for maintaining the confidentiality of your account credentials.

5.4 You must ensure that your use of AKAI complies with all applicable laws in your jurisdiction, including but not limited to telecommunications law, spam/unsolicited communications law, consumer protection law, privacy law, and employment law.

5.5 You must not share API keys, account access, or credentials with unauthorised parties.

6.1 By using the Service you consent to AKAI processing data you provide or that is generated through your use of the Service, in accordance with our Privacy Policy.

6.2 Data processed through AKAI may be transmitted to third-party AI providers (including Anthropic) and communications platforms (including Bland.ai, Twilio) for the purpose of delivering the Service. These providers have their own data processing terms.

6.3 You retain ownership of your business data. AKAI may use anonymised, aggregated usage data to improve the Service.

6.4 You are responsible for ensuring you have appropriate rights and consents for any personal data you upload or process through AKAI, including contact lists used for outbound calling or emailing.

7.1 AKAI and all related software, branding, and technology is owned by Aaron Kersten / AKAI. You are granted a limited, non-exclusive, non-transferable licence to use the Service during your subscription.

7.2 Content you provide to AKAI (e.g., your business information, branding, copy) remains your property.

7.3 AI-generated outputs created using your data and business context are provided to you for your use, subject to these Terms.

8.1 Subscription fees are billed in advance on the applicable cycle (monthly or annual) via Stripe.

8.2 All fees are exclusive of applicable taxes (including GST where applicable).

8.3 Fees are non-refundable except as required by applicable law or as expressly stated in a promotional offer.

8.4 AKAI reserves the right to change pricing with 30 days' notice. Continued use after the notice period constitutes acceptance of the new pricing.

8.5 Free trial periods, where offered, do not require payment details unless expressly stated.

9.1 You may cancel your subscription at any time via the Settings page. Access continues until the end of the current billing period.

9.2 AKAI may suspend or terminate your account immediately if you breach these Terms, engage in fraudulent activity, or use the Service in a way that causes harm to others or to AKAI.

9.3 Upon termination, your access to the Service ceases. AKAI will retain your data for 30 days post-termination, after which it may be deleted.

10.1 THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.2 AKAI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

10.3 AI SYSTEMS CAN MAKE MISTAKES. AKAI DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY AI-GENERATED CONTENT.