Jozu Terms of Service

Effective Date: 1-Dec-2025

1. Introduction

These Terms of Service ("Terms") govern your use of the products and services provided by Akara Technologies Inc., a Delaware corporation doing business as Jozu (the "Company"). These Terms apply to:

By accessing or using the Products, you agree to abide by these Terms and comply with all applicable laws and regulations. If you do not agree with these Terms, you must not use the Products.

1.1 Scope and Other Agreements

These Terms govern your use of Jozu's websites and SaaS applications only. Use of downloadable or on-premises Jozu software is governed by the applicable Proof of Concept Terms and Conditions, Master Software License Agreement, or other written agreement with Jozu. In the event of conflict between these Terms and a signed agreement, the signed agreement controls.

1.2 Privacy Policy

Your use of the Products is also governed by our Privacy Policy, available at https://jozu.com/privacy, which is incorporated by reference into these Terms.

2. Modifications to Terms

The Company reserves the right to modify these Terms at any time at its sole discretion. Any modifications will become effective immediately upon posting on our website or through other forms of communication. If you continue using the Products after such changes, you agree to the revised Terms. We recommend reviewing these Terms periodically.

3. Acceptable Use and Prohibited Activities

By using our Products, you agree not to engage in the following prohibited activities:

3.1 Fair Use Policy

Our services are provided under the assumption of "business as usual" usage. If your usage is excessive or disproportionate, we reserve the right to apply usage restrictions or additional fees.

3.2 Customer Responsibility

You are responsible for all activity conducted under your account, including actions by any end-users or unauthorized access resulting from your failure to implement reasonable security measures. If a customer violates these Terms, we reserve the right to suspend or terminate accounts and take necessary legal action.

3.3 Copyright Infringement and Unauthorized Content

Our Products must not be used to transmit, distribute, or store:

3.4 Spam and Unauthorized Messaging

You may not use our Products to send unsolicited bulk or commercial messages ("spam"), maintain or use unconfirmed mailing lists, collect responses to spam, or reference a Jozu-hosted site in spam messages.

3.5 Unethical, Exploitative, and Malicious Activity

You must not:

3.6 Export Compliance

You represent that you are not located in, or a national or resident of, any country subject to U.S. trade sanctions, and that you are not named on any U.S. government denied-party list. You will not use the Products in violation of any applicable export laws or regulations.

3.7 Enforcement and Account Termination

Violations of this policy may result in immediate suspension or termination of your account without notice. We reserve the right to report illegal activities to law enforcement. Service interruptions caused by policy violations do not qualify for refunds.

4. Customer Data

4.1 Ownership

"Customer Data" means any data, metadata, content, models, configurations, or other materials that you or your authorized users upload to, create within, process through, or store using the Products. You retain all right, title, and interest in and to Customer Data. The Company acquires no ownership rights in Customer Data by virtue of these Terms.

4.2 Data Processing

The Company will process Customer Data only as necessary to provide the Products and in accordance with our Privacy Policy. For purposes of applicable data protection laws, including the General Data Protection Regulation (GDPR), the Company acts as a data processor with respect to Customer Data, and you act as the data controller. You are solely responsible for the content, quality, and legality of Customer Data and for obtaining all necessary rights and consents to use Customer Data with the Products.

5. Intellectual Property

All intellectual property rights in the Products, including but not limited to software, text, graphics, logos, trademarks, and proprietary technology, are owned by or licensed to the Company and are protected under applicable copyright and trademark laws. Except for the limited rights to access and use the Products as set forth in these Terms, no rights in the Products are granted to you. All rights not expressly granted herein are reserved by the Company.

6. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Products in violation of these Terms; (b) Customer Data or your use of Customer Data; (c) your breach of applicable laws or regulations; or (d) any third-party claim arising from your use of the Products.

7. Disclaimer of Warranties

THE PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. THE COMPANY DOES NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY CONTENT OR DATA WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.

WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR QUALITY OF ANY OUTPUT, PREDICTIONS, OR RESULTS GENERATED BY THE PRODUCTS, INCLUDING ANY AI OR MACHINE LEARNING FUNCTIONALITY. YOU ASSUME ALL RESPONSIBILITY FOR EVALUATING AND VALIDATING ANY SUCH OUTPUT FOR YOUR INTENDED USE.

8. Limitation of Liability

8.1 Exclusion of Consequential Damages

IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PRODUCTS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100 USD).

8.3 Applicable Law Limitations

Where applicable law does not allow limitations on implied warranties or liability for certain damages, the Company's liability will be limited to the maximum extent permitted by law.

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Each party irrevocably submits to the exclusive jurisdiction of the state and federal courts located in Delaware for the resolution of any disputes arising out of or relating to these Terms, and each party waives any objection to venue in such courts. Notwithstanding the foregoing, the Company reserves the right to seek injunctive or equitable relief in any court of competent jurisdiction.

10. General Provisions

10.1 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of the Company. Any attempted assignment in violation of this section shall be null and void. The Company may assign these Terms without restriction. These Terms shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns.

10.2 Waiver and Severability

No waiver of any provision of these Terms will be effective unless in writing. The failure to enforce any provision will not constitute a waiver of such provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.

10.3 Entire Agreement

These Terms, together with the Privacy Policy and any other documents incorporated by reference, constitute the entire agreement between you and the Company with respect to your use of the Products and supersede all prior agreements, proposals, and communications, written or oral, with respect to such subject matter.

11. Contact Information

For any questions or concerns regarding these Terms, please contact:

Jozu Legal Department

legal@jozu.com