Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of Akanban's project management platform, including our website, applications, APIs, and related services (collectively, the "Services"). These Terms are a binding contract between you and Akanban Inc. ("Akanban," "we," "our," or "us").

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your agreement to these Terms will be treated as the agreement of the organization.

2. Eligibility

To use our Services, you must:

Be at least 16 years of age (or the age of legal majority in your jurisdiction)
Have the legal capacity to enter into a binding contract
Not be prohibited from using the Services under applicable laws
Provide accurate and complete registration information
Maintain the security and confidentiality of your account credentials

Accounts registered by automated methods or bots are not permitted. One person or legal entity may not maintain more than one free account.

3. Account Registration and Security

3.1 Account Creation

To access certain features of our Services, you must create an account. When creating an account, you agree to:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Maintain the security of your password and account
Immediately notify us of any unauthorized use of your account
Accept responsibility for all activities that occur under your account

3.2 Account Responsibility

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities conducted through your account. Akanban will not be liable for any loss or damage arising from your failure to maintain account security.

3.3 Account Types

We offer different account types with varying features and limitations. The features available to you depend on your subscription plan. You may upgrade or downgrade your account at any time, subject to the payment terms outlined in Section 5.

4. Use of Services

4.1 License Grant

Subject to your compliance with these Terms, Akanban grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services for your internal business purposes.

4.2 Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

Violate any applicable laws, regulations, or third-party rights
Use the Services to transmit harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content
Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
Interfere with or disrupt the Services or servers or networks connected to the Services
Attempt to gain unauthorized access to any portion of the Services or any other systems or networks
Use any automated means to access the Services without our express written permission
Reverse engineer, decompile, or disassemble any portion of the Services
Remove, circumvent, or disable any security features or access controls of the Services
Use the Services to develop competing products or services
Send spam, chain letters, or other unsolicited communications through the Services
Upload or transmit viruses, malware, or other malicious code
Collect or harvest any information about other users without their consent

4.3 Service Limitations

We may impose limits on certain features or restrict your access to parts of the Services based on your subscription plan. These limitations may include storage capacity, number of users, API rate limits, and feature availability.

5. Fees and Payment

5.1 Pricing

Current pricing for our Services is available on our pricing page. We reserve the right to modify our pricing at any time with advance notice to existing subscribers.

5.2 Subscription Plans

Paid subscriptions are available on monthly or annual billing cycles. By subscribing to a paid plan, you agree to pay all applicable fees for the selected billing period.

5.3 Payment Terms

All fees are payable in advance for the selected billing period
Payment will be charged automatically at the beginning of each billing period
You must provide valid and up-to-date payment information
All fees are non-refundable except as required by law or explicitly stated in these Terms
Failure to pay fees may result in suspension or termination of your account

5.4 Taxes

All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all such taxes, except for taxes based on Akanban's income.

5.5 Price Changes

We may change our pricing from time to time. For existing subscriptions, price changes will take effect at the start of your next billing period after at least 30 days' notice. We will notify you of price changes via email.

5.6 Refund Policy

We offer a 30-day money-back guarantee for new annual subscriptions. To request a refund, contact our support team within 30 days of your initial purchase. Monthly subscriptions and renewals are non-refundable except as required by law.

6. User Content

6.1 Your Content

"User Content" means any content, data, information, or materials that you upload, submit, post, or transmit through the Services, including projects, tasks, comments, files, and other information.

6.2 Ownership

You retain all rights, title, and interest in and to your User Content. You are solely responsible for your User Content and the consequences of posting or publishing it.

6.3 License to Akanban

By submitting User Content to the Services, you grant Akanban a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content solely for the purpose of providing and improving the Services.

6.4 Content Responsibility

You represent and warrant that:

You own or have the necessary rights to your User Content
Your User Content does not violate any third-party rights, including intellectual property rights
Your User Content complies with these Terms and applicable laws
Your User Content does not contain viruses, malware, or other harmful code

6.5 Content Removal

We reserve the right (but have no obligation) to remove, modify, or reject any User Content that we believe violates these Terms, our policies, or applicable laws.

7. Intellectual Property Rights

7.1 Akanban's Rights

The Services, including all content, features, functionality, software, and technology, are owned by Akanban and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Trademarks

Akanban, the Akanban logo, and other Akanban trademarks, service marks, graphics, and logos are trademarks or registered trademarks of Akanban Inc. You are not granted any right or license to use them without our prior written permission.

7.3 Feedback

If you provide us with any feedback, suggestions, or ideas about the Services ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, modify, and commercialize the Feedback without any obligation to you.

8. Third-Party Services and Integrations

Our Services may integrate with or provide access to third-party services, applications, or websites. These third-party services are subject to their own terms and privacy policies. We are not responsible for the availability, accuracy, or content of third-party services, and your use of them is at your own risk.

When you connect third-party services to your Akanban account, you authorize us to access and exchange data with those services on your behalf, subject to the permissions you grant.

9. Data Protection and Privacy

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

We implement appropriate technical and organizational measures to protect your data. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.

For information about our GDPR compliance, please see our GDPR Compliance page.

10. Service Availability and Modifications

10.1 Service Availability

We strive to provide reliable and uninterrupted access to our Services. However, we do not guarantee that the Services will be available at all times or that they will be error-free. The Services may be subject to scheduled maintenance, updates, or unexpected downtime.

10.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

10.3 Updates

We may release updates, upgrades, or new features from time to time. Some updates may be installed automatically, while others may require your action to install.

11. Term and Termination

11.1 Term

These Terms commence when you first access or use the Services and continue until terminated in accordance with this Section.

11.2 Termination by You

You may terminate your account at any time by accessing your account settings or contacting our support team. Upon termination, you will lose access to your account and all associated data.

11.3 Termination by Akanban

We may suspend or terminate your account at any time, with or without notice, if:

You breach these Terms or our policies
Your account remains inactive for an extended period
Your payment fails or your account is past due
We believe your account poses a security risk
We are required to do so by law
We decide to discontinue the Services

11.4 Effect of Termination

Upon termination:

Your right to access and use the Services will immediately cease
We may delete your account and User Content after a grace period
You remain responsible for all fees incurred prior to termination
No refunds will be provided for unused subscription periods, except as required by law

11.5 Data Retrieval

You may request an export of your data within 30 days of account termination. After 30 days, we may permanently delete your data from our systems, except as required by law or for backup purposes.

12. Warranties and Disclaimers

12.1 Service "As Is"

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

12.2 No Warranty

AKANBAN DOES NOT WARRANT THAT:

THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE
ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED

12.3 Your Responsibility

You are solely responsible for your use of the Services and for any consequences thereof. You should maintain backups of your User Content independently of the Services.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AKANBAN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:

YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
ANY CONTENT OBTAINED FROM THE SERVICES
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

IN NO EVENT SHALL AKANBAN'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO AKANBAN IN THE 12 MONTHS PRIOR TO THE CLAIM OR (B) $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Indemnification

You agree to defend, indemnify, and hold harmless Akanban, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

Your use of or inability to use the Services
Your User Content
Your violation of these Terms
Your violation of any rights of another party
Your violation of any applicable laws or regulations

15. Dispute Resolution

15.1 Informal Resolution

Before filing a formal claim, you agree to contact us at legal@akanban.com to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith.

15.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

15.3 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction.

15.4 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and Akanban individually. You waive your right to participate in a class action lawsuit or class-wide arbitration.

15.5 Exceptions

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Akanban regarding the Services.

16.2 Modification of Terms

We may modify these Terms from time to time. We will notify you of material changes by email or through the Services at least 30 days before the changes take effect. Your continued use of the Services after the changes become effective constitutes your acceptance of the modified Terms.

16.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

16.4 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

16.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms without restriction.

16.6 Relationship of Parties

The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, or employment relationship.

16.7 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, or government actions.

16.8 Export Compliance

The Services are subject to export control laws and regulations. You agree to comply with all applicable export and re-export control laws and regulations.

17. Contact Information

If you have questions about these Terms, please contact us:

Email: legal@akanban.com
Mail: Akanban Inc., Legal Department, 123 Tech Street, San Francisco, CA 94105, USA
Phone: 1-800-AKANBAN (1-800-252-6226)