AK Dash Policies

We prioritize your privacy and commit to safeguarding your personal information. This statement outlines how we collect and utilize information through our website and cookies. By using our websites, you consent to the collection of information detailed below.

Information Collection:

• Voluntarily Provided Information: Information provided via email or online forms (e.g., email address, name).
• Cookies through Google Analytics: We use Google Analytics cookies to track online engagement and enhance user experiences.
  Cookies are small text pieces sent to your browser, collecting data like IP address, visit duration, viewed pages, browser type, and the site visited before ours.
  We utilize this information for site activity measurement and improvement.
• Non-Identifiable and Personally Identifiable Information: Collected for various purposes such as service improvement, member support, and compliance with laws and regulations.

Usage of Information:

• To contact you and provide support.
• To comply with applicable laws and conduct business activities.
  
  

Please note that these terms of service are subject to change by AK Dash at any time.  You may read the current version of the Terms of Service at any time by visiting the website and clicking on “Terms” in the footer.

These Terms and Conditions are a binding legal agreement between you and AK Dash, regarding your use of the AK Dash proprietary online platform for service businesses.

By accessing or using the service, you accept this agreement and agree to use the service in compliance with this agreement.  If you are registering for an account or using the Service on behalf of an entity, organization, or company (“Corporate Entity”), you agree to this Agreement on behalf of that Corporate Entity and you represent and warrant to ServiceTitan that you have the authority to bind that Corporate Entity to this Agreement (and, in which case, the terms “Customer”, “you” and “your” will refer to that Corporate Entity). If you are not registering for an account or using the Service on behalf of a Corporate Entity or if you are registered for an account or using the Service as an Authorized User of a Corporate Entity, then the terms “Customer”, “you” and “your” will refer to you in your individual capacity.

The Service

AK Dash provides a sales, marketing and operations platform.  The underlying hardware, software, network storage and related technologies are provided by AK Dash and its third-party hosting partners.

Subject to your complete and ongoing compliance with the terms adn conditions of this agreement and the terms of your subscription for the service, you are hereby granted a limited, world-wide, non-exclusive right to access and use the service in connection with your business.

Payment Terms

Certain features of the Service may require you to pay fees, including all applicable taxes. These fees differ based on the specific features and functionality of the Service you subscribe to and the number of Authorized Users or transactions for which you purchase subscriptions with respect to such features and functionality. In addition, some Service features and functionality may require us to engage third-party service providers (e.g., telecom providers) and you agree that any charges imposed on us by such third parties with respect to your usage or the provision of the Service to you (e.g., per-message/SMS fees, regulatory fees or access charges) may be passed through to you. 

Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise agreed in writing, all fees are in U.S. Dollars and are non-refundable. You are responsible for updating your account information pursuant to written instructions provided by AK Dash should the required payment method change, and you agree to execute, within 10 business days of our request, any additional authorizations reasonably required in order to effect such change. 

Monthly billing will be based upon the number of subscriptions at the beginning of the period, plus prorated billing for any added subscriptions and without reduction for subscriptions removed during the period. AK Dash reserves the right to shift the dates of your billing periods from time to time. All fees paid hereunder are non-refundable and non-recoupable. You agree that your purchases under this Agreement are neither contingent on the delivery of any future functionality or features of the Service nor dependent on any oral or written public comments made by us regarding future functionality or features.

AK Dash may change the price of the service at any time.  If it does, AK Dash will give you not less than thirty (30) days’ advanced notice of such changes via email and in-app messaging.  

Term and Termination

The term of this Agreement commences upon your registration for a Service subscription (whether via entering into an order form or other written agreement that incorporates these Terms of Use, or otherwise) and remains in effect for the term of your subscription.
You may cancel your subscription at any time in the account or by contacting Customer Success using the contact information in the app.  Any remaining time in your service period will not be refunded.
You agree to avoid the following actions, each of which constitutes a significant breach of this Agreement. We may immediately suspend your access to the Service without notice if:

1. You violate any term of this Agreement.
2. You attempt to compromise the Service's security mechanisms, or we determine that your use of the Service poses a security risk to us or other users.
3. You introduce malicious software into the network or a virtual machine instance.
4. You cause network disruptions that impact the Service's performance for other customers.
5. You use the Service in a manner that we, at our sole discretion, find abusive, disruptive, or threatening to the Service's performance or availability.
6. We receive notice or otherwise determine, at our sole discretion, that you may be using the Service for illegal purposes or in a way that violates laws or infringes on the rights of any third party.

Your access will be reinstated only when the cause of the suspension has been resolved.

Laws and Regulations

You affirm and guarantee that you will always adhere to all relevant foreign, federal, state, provincial, and local laws, rules, and regulations, including those related to privacy, data protection, and information access, when using AK Dash (including any AK Dash technology you incorporate on any website). Additionally, you will ensure all necessary disclosures are made as required (including those within your privacy policy).

For instance, you are responsible for complying with all telephone recording and wiretapping laws, including notifying parties that calls are being recorded when necessary and fulfilling any notification requirements under applicable wiretapping laws. You must also comply with the Telephone Consumer Protection Act (TCPA), the telemarketing provisions of the Canadian Competition Act, and Canada’s Anti-Spam Legislation (CASL). This includes ensuring that all voice calls, text messages, and other commercial electronic messages are sent with the recipient's valid consent, include the required information, and provide an effective unsubscribe mechanism, as required.

Your Privacy

AK Dash respects the privacy of you and any customer data you add to the CRM.  We may collect registration and statistical usage data about your use of the service, but such data will not be personally identifiable and your data and your customer’s data will be held in the strictest confidence.  You hereby grant us non-exclusive license to use such information internally in order to improve our service.  

Warranties and Disclaimers

AK Dash guarantees that during your subscription term, the Service will substantially conform to its published descriptions. If there is a material non-conformity, AK Dash will make reasonable efforts to correct it upon receiving written notice from you.

You represent and warrant that:

1. You will not upload or request the import of any information (including personal data) to the Service without having all necessary consents, permissions, and licenses. You authorize AK Dash to collect, use, disclose, and retain that information as per this Agreement.

2. Your use of the Service will not subject AK Dash to any liability or cause it to violate any laws, rules, or regulations.

Disclaimer

Except as expressly provided:

• The Service, any professional services, and all materials and content available through the Service are provided "as is" and "as available.
• AK Dash disclaims all representations, warranties, conditions, guarantees, and promises of any kind, whether express, implied, or statutory, including those of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement.
• AK Dash does not guarantee that the Service or any materials or content will be uninterrupted, secure, or free of errors, viruses, or other harmful components.

No advice or information obtained from the Service or AK Dash entities will create any warranty not expressly stated in this Agreement. You use the Service at your own risk, and AK Dash is not responsible for any damage to your property or loss of data.

Customer Responsibilities

AK Dash provides the technology as a platform for configuration and use by the customer. You are solely responsible for ensuring your use of AK Dash technology complies with all applicable laws, rules, and regulations. AK Dash may offer suggestions for configuration, but you remain responsible for meeting all business and legal requirements.

These limitations, exclusions, and disclaimers apply to the fullest extent permitted by law. AK Dash does not disclaim any warranty or right that it is prohibited from disclaiming under applicable law.

You represent and warrant that your access to and use of AK Dash will comply with all applicable laws, rules, and regulations, including those related to privacy, data protection, and electronic communications. You further represent and warrant that you have a lawful basis for processing and sending your content and communications to your customers, business contacts, or followers who consent to receiving marketing or promotional messages from you or on your behalf ("Contacts"), whether through legally appropriate express consents or otherwise.

When using the AK Dash Service, you may import data, including personally identifiable information, regarding your Contacts ("Contact Data"). You will not provide AK Dash or upload to AK Dash any of your content or Contact Data for which you do not have a lawful basis for processing, permissions, or consents in accordance with applicable privacy and data protection laws, nor any information that is illegal or inappropriate. AK Dash reserves the right to remove illegal or inappropriate content.

You are responsible for ensuring that you meet all legal obligations (including notice, consent, and prescribed information and unsubscribe mechanisms) for sending communications to individuals in the jurisdictions where they reside. While AK Dash allows you to manage and access consents and other Contact Data, you acknowledge and agree that you, and not AK Dash, have sole responsibility for maintaining all records relating thereto.

You are solely responsible for determining whether AK Dash is suitable for use in light of any laws and regulations that govern your entity, industry, or relationship with your own Contacts, including but not limited to consumer protection, anti-spam, privacy, advertising, intellectual property, or other laws. You may not use AK Dash for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, the Canadian Competition Act, Canada’s Anti-Spam Legislation, any Canadian Human Rights Code, or other laws that apply to commerce.

The following practices may violate this Agreement or applicable law when generating or sending commercial electronic messages ("Emails") through AK Dash:

1. Using non-permission-based Email lists (i.e., lists where each recipient has not explicitly granted permission to receive Emails from you by opting in).
2. Using purchased or rented Email lists.
3.  Using third-party email addresses, domain names, or mail servers without proper permission.
4. Sending Emails to non-specific addresses (e.g., webmaster@domain.com or info@domain.com).
5. Sending Emails that result in an unacceptable number of spam or Unsolicited Commercial Email (UCE) complaints (even if the Emails themselves are not actually spam or UCE).
6.  Failing to include a working "unsubscribe" link in each Email that allows the recipient to remove themselves from your mailing list.
7. Failing to comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request.
8. Failing to include in each Email a link to the then-current privacy policy applicable to that Email.
9. Disguising the origin or subject matter of any Email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any Email.
10. Failing to include in each Email your valid physical mailing address or a link to that information.
11. Including "junk mail," "chain letters," "pyramid schemes," incentives (e.g., coupons, discounts, awards, or other incentives), or other material in any Email that encourages a recipient to forward the Email to another recipient.

Indemnity

To the fullest extent allowed by law, you are responsible for your use of AK Dash technology. You agree to defend, indemnify, and hold harmless AK Dash and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents from any third-party claims, and any related liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising from:

(a) Your unauthorized use or misuse of AK Dash technology.
(b) Your violation of any part of this Agreement, any referenced representation, warranty, or agreement, or any applicable law or regulation.
(c) Your infringement of any third-party rights, including intellectual property, publicity, confidentiality, property, or privacy rights, in connection with your use of AK Dash technology or any data, materials, or information you provide to the Service.

Subcontractors

AK Dash may use one or more subcontractors or third parties to assist it in providing services to you.  

Dispute Resolution

 In the event of any disputes, you agree to be bound by the laws of Anguilla, a British Overseas Territory.  In the interest of resolving disputes between you and AK Dash, you agree that every dispute arising in connection with this agreement shall be resolved by binding arbitration.  Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement.

Notice of Arbitration: The party who inteds to seek arbitration must first send written notice of dispute by certified mail or courier (signature required) to:  

AK Dash, ℅ Counsel Limited, 
The Hansa Bank Building, 1st Floor,
PO Box 727, Landsome Road, 
The Valley, AI-2640 
Anguilla, British West Indies 

The Notice of Arbitration must:

(i) outline the nature and basis of the claim or dispute; and

(ii) specify the relief sought ("Demand"). Both parties will make good faith efforts to resolve the claim directly. If no agreement is reached within 30 days after receiving the Notice of Arbitration, either you or AK Dash may initiate an arbitration proceeding. All arbitration proceedings will remain confidential unless both parties agree otherwise in writing. During arbitration, the amount of any settlement offer made by either party must not be disclosed to the arbitrator until after a final decision and award are made, if any.

Electronic Communications Consent

(a) By using the Service, you agree to receive certain electronic communications from us as outlined in our Privacy Policy and this section. Please review our Privacy Policy for more details on our electronic communication practices. You agree that any notices, agreements, disclosures, or other communications we send you electronically will meet any legal communication requirements, including that such communications be in writing.

(b) By entering into this Agreement, you consent on behalf of yourself and your employees and contractors to receive calls and text messages from AK Dash and its representatives at the phone numbers provided. You understand and agree that these calls and texts may be made using an autodialer, artificial or prerecorded voice, or other automated technology. These communications may include account-related messages, service updates, and marketing messages. Standard text messaging rates apply. This consent to receive promotional calls and texts is not a condition of any purchase or use of the Service.

(c) We, along with our affiliates and third-party service providers, may also communicate with you via email and push notifications in our mobile apps.

(d) To opt out of commercial emails from AK Dash, you can unsubscribe by following the options in the email itself. To opt out of promotional texts, reply "STOP" to a promotional text or email us with your phone number and request. To opt out of promotional calls, please make a do-not-call request during any call you receive, or call us at (844) 253-2742.

Google Maps

Google Maps presented to you through the Service are powered by Google. Your use of Google Maps is subject to the Google Maps Terms of Service, available online at https://www.google.com/intl/en-US_US/help/terms_maps.html, and https://www.google.com/intl/ALL/policies/privacy/index.html, and by using the Service, you are agreeing to be bound by such terms.

Telephony Services and Artificial Intelligence (AI) Services

To the fullest extent permitted by law, and without limiting any other terms in this document:

The service is provided "as is" and "as available." AK Dash and its current and future affiliates (collectively, the "AK Dash entities") disclaim all warranties of any kind, whether express or implied, regarding the service, including:

(a) any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and

(b) any warranties arising from course of dealing, usage, or trade practices. The AK Dash entities do not guarantee that the service will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and they do not guarantee that any such issues will be corrected.

You acknowledge that summaries and transcripts generated in connection with your use of the AI services are not guaranteed to be 100% accurate, and you agree to listen to the calls for clarification.

The AK Dash entities are not liable for any damage of any kind that may result from the service or your interactions with other service users.

Entire Agreement

This Agreement, along with any Additional Terms, and any agreements or order forms that reference this Agreement, are the final and complete expression of the agreement between these parties regarding your use of the Service. This Agreement supersedes, and the terms of this Agreement govern, all previous oral and written communications regarding these matters, all of which are merged into this Agreement. No employee, agent, or other representative of AK Dash has any authority to bind AK Dash with respect to any statement, representation, warranty, or other expression unless the same is specifically set forth in this Agreement. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms of this Agreement. AK Dash will not be bound by, and specifically objects to, any term, condition, or other provision that is different from or in addition to this Agreement (whether or not it would materially alter this Agreement) that is proffered by Customer in any receipt, acceptance, purchase order, confirmation, correspondence, or otherwise, unless AK Dash specifically agrees to such provision in writing and signed by an authorized agent of AK Dash.