Terms and Conditions

ACKSI AI - Terms and Conditions

Effective Date: May 4, 2025

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE OR SERVICES.

These Terms and Conditions (“Terms”) govern your access to and use of the website located at www.acksi.com (the “Site”) and any services, features, content, or applications offered by ACKSI (“ACKSI,” “we,” “us,” or “our”), including but not limited to the ACKSI AI Sales Agent (collectively, the “Service”).

By accessing the Site or using any part of the Service, you agree to be bound by these Terms and our Privacy Policy /privacy, which is incorporated herein by reference. If you do not agree to all the terms and conditions, then you may not access the Site or use the Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

If you are entering into these Terms on behalf of a company, dealership, or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms “you” or “your” shall refer to such entity.

1. Definitions

  • “Service” means the Site, the ACKSI AI Sales Agent software and platform, related technologies (including AI models), features, content, support, and professional services provided by ACKSI.
  • “Site” means the website located at www.acksi.com and its subdomains.
  • “User,” “You,” “Your” means the individual accessing the Site or using the Service, or the entity on whose behalf the individual is accessing the Site or using the Service.
  • “User Data” means any data, information, content, or materials provided or submitted by you or on your behalf to the Service, including but not limited to lead information, configuration settings, and prompts.
  • “AI Output” means any output, suggestions, communications, or content generated by the AI components of the Service based on User Data or other inputs.

2. Description of Service

ACKSI provides an AI-powered Sales Agent designed primarily for automotive dealerships and potentially other businesses. The Service aims to automate and enhance lead engagement, qualification, follow-up communication (via voice, text, email), appointment setting, and related sales development tasks. The Site provides information about the Service and allows interested parties to request demonstrations. Access to and use of the core AI Sales Agent Service requires a separate subscription agreement or order form (“Subscription Agreement”).

3. Use of the Site and Service

  • License: Subject to your compliance with these Terms and any applicable Subscription Agreement, ACKSI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for informational purposes and to request a demo, and, if applicable, to access and use the Service for your internal business operations during the term of your subscription.
  • Acceptable Use: You agree not to use the Site or Service for any unlawful purpose or in any way that could harm ACKSI, its users, or any third party. Prohibited activities include, but are not limited to:
    • Violating any applicable local, provincial, national, or international law or regulation.
    • Reverse engineering, decompiling, disassembling, or attempting to discover the source code or underlying algorithms of the Service or its AI models.
    • Using the Service to generate content that is illegal, harmful, harassing, defamatory, obscene, infringing, or otherwise objectionable.
    • Using the Service to infringe upon the intellectual property rights of others.
    • Attempting to gain unauthorized access to the Service, user accounts, or computer systems.
    • Using any automated means (e.g., scraping, bots) to access the Site or Service for any purpose without our express written permission.
    • Interfering with or disrupting the integrity or performance of the Service.
    • Using the Service to transmit viruses, worms, or other malicious code.
    • Using the AI Output to make decisions that could have significant legal, financial, or safety impacts without independent human verification.

4. User Accounts (Applicable to Service Users)

  • Registration: Access to the core AI Sales Agent Service will require creating an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
  • Security: You are responsible for safeguarding your account password and for any activities or actions under your account. You agree to notify ACKSI immediately of any unauthorized use of your account. ACKSI cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

5. Intellectual Property Rights

  • ACKSI Ownership: The Service, the Site, the underlying technology (including AI models, algorithms, software), documentation, ACKSI trademarks, logos, and all content provided by ACKSI (excluding User Data) are and will remain the exclusive property of ACKSI and its licensors. The Service is protected by copyright, trademark, and other laws of Canada and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of ACKSI.
  • User Data Ownership: As between you and ACKSI, you retain ownership of your User Data.
  • License to ACKSI: You grant ACKSI a worldwide, non-exclusive, royalty-free, sublicensable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Data solely to the extent necessary to provide, maintain, secure, and improve the Service, and as permitted by our Privacy Policy and applicable law. This license includes use for training and refining the AI models underlying the Service, provided such use is aggregated and anonymized where appropriate and complies with confidentiality obligations.
  • Feedback: If you provide ACKSI with any suggestions, ideas, improvements, or other feedback regarding the Service (“Feedback”), you grant ACKSI a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such Feedback into the Service without any obligation or compensation to you.

6. Fees and Payment (Applicable to Service Users)

Use of the core AI Sales Agent Service is subject to fees as set forth in your applicable Subscription Agreement or Order Form. All fees are non-refundable except as expressly stated in the Subscription Agreement. Payment terms, billing cycles, and applicable taxes will be governed by the Subscription Agreement.

7. Confidentiality

“Confidential Information” means any non-public information disclosed by one party to the other, designated as confidential or reasonably understood to be confidential given the nature of the information and circumstances of disclosure. Confidential Information does not include information that (a) is or becomes publicly known through no fault of the receiving party, (b) was known to the receiving party prior to disclosure, (c) is rightfully received from a third party without breach of any confidentiality obligation, or (d) was independently developed by the receiving party. Each party agrees to protect the other’s Confidential Information with the same degree of care it uses for its own similar information, but no less than reasonable care, and to use it only for purposes of using or providing the Service under these Terms and any Subscription Agreement. Confidential Information may be disclosed if required by law, provided reasonable notice is given to the disclosing party (if legally permitted).

8. AI Service Disclaimers and Responsibilities

  • AI Output: You acknowledge that the Service utilizes artificial intelligence and machine learning models. AI Output is generated based on patterns in data and is probabilistic. ACKSI DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY AI OUTPUT.
  • User Responsibility: You are solely responsible for reviewing and evaluating the accuracy, appropriateness, and suitability of any AI Output before relying on it or using it in communications with your leads or customers. AI Output is intended to assist, not replace, human judgment and oversight.
  • No Guarantee of Results: While the Service is designed to improve efficiency and engagement, ACKSI makes no representations or warranties regarding specific business outcomes, such as increased sales, conversion rates, or appointment show rates resulting from the use of the Service.
  • Compliance: You are responsible for ensuring that your use of the Service, including communications generated or facilitated by the Service, complies with all applicable laws and regulations (e.g., telemarketing laws, anti-spam laws like CASL, privacy laws).

9. Third-Party Services

The Service may integrate with or rely on third-party services, applications, or platforms (e.g., Typeform, Calendly, CRM systems, cloud hosting providers). ACKSI is not responsible for the operation, availability, or security of such third-party services, and your use of them is subject to their respective terms and privacy policies. ACKSI disclaims all liability arising from your use of third-party services.

10. Term and Termination

  • Website Use: These Terms remain in effect while you use the Site. You may stop using the Site at any time.
  • Service Use: The term for using the core AI Sales Agent Service, and termination rights and procedures, will be governed by your Subscription Agreement.
  • Termination by ACKSI: We may suspend or terminate your access to the Site or Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms or any Subscription Agreement.
  • Effect of Termination: Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive (including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability).

11. Disclaimer of Warranties

THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ACKSI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR DOES IT WARRANT THAT ANY AI OUTPUT WILL BE ACCURATE, COMPLETE, OR RELIABLE. YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACKSI, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACKSI’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00) OR (B) THE AMOUNTS PAID BY YOU TO ACKSI FOR THE SERVICE IN THE SIX (6) MONTHS PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM (IF APPLICABLE UNDER A SUBSCRIPTION AGREEMENT).

13. Indemnification

You agree to defend, indemnify, and hold harmless ACKSI and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of the Site or Service, by you or any person using your account; (b) a breach of these Terms, or (c) User Data submitted to the Service.

14. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Toronto, Ontario for the resolution of any disputes arising out of or relating to these Terms or the Service.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide reasonable notice prior to any new terms taking effect (e.g., by posting on the Site or via email if you are a Service user). What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site or Service after any revisions become effective, you agree to be bound by the revised terms.

16. Miscellaneous

  • Entire Agreement: These Terms, together with the Privacy Policy and any applicable Subscription Agreement, constitute the entire agreement between you and ACKSI regarding the Service and supersede all prior agreements or understandings.
  • Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
  • Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and ACKSI’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
  • Contact Information: Questions about these Terms should be sent to us at: admin@acksi.com.