Draft for legal review. This document has not been reviewed by a lawyer. Do not publish it until Indian commercial counsel has reviewed it and every bracketed placeholder has been replaced.
Contents
- Acceptance of these terms
- Definitions
- What these terms do and do not cover
- Permitted use of the website
- Prohibited conduct
- Information you submit
- Intellectual property
- Datasets and deliverables
- Confidentiality
- Third-party links
- Availability and changes
- Disclaimers
- Limitation of liability
- Indemnity
- Governing law and jurisdiction
- General
- Contact us
1. Acceptance of these terms
These Terms of Use (“Terms”) govern your access to and use of the website at akail.ai and any pages under it (the “Website”), operated by [LEGAL ENTITY NAME], a company incorporated in India with CIN [CIN] and registered office at [REGISTERED ADDRESS] (“Akail.ai”, “we”, “us”).
By accessing or using the Website you agree to these Terms. If you do not agree, do not use the Website. If you are using the Website on behalf of an organisation, you confirm that you have authority to bind that organisation to these Terms.
2. Definitions
- “Content” means all text, images, graphics, illustrations, animations, code, layout and other material made available on the Website.
- “Services” means the data collection, quality assurance and dataset delivery services we provide to customers under a separate written agreement.
- “Service Agreement” means a master services agreement, statement of work, order form or equivalent signed between us and a customer.
3. What these terms do and do not cover
These Terms cover your use of the Website only. They are not an offer to provide the Services and they do not create any obligation on us to provide them.
The Services are governed exclusively by a Service Agreement. Nothing on the Website — including descriptions of capabilities, sensor configurations, delivery formats, timelines, coverage or figures — forms part of any Service Agreement or constitutes a representation, warranty or commitment unless it is expressly written into that agreement. Where these Terms conflict with a Service Agreement, the Service Agreement prevails as between us and that customer.
Figures presented on the Website may describe targets or programme capacity rather than achieved results. Where a figure is a target, we describe it as such.
4. Permitted use of the website
We grant you a limited, non-exclusive, non-transferable, revocable licence to access and view the Website for your own informational and business-evaluation purposes.
You may quote short extracts of Content with clear attribution to Akail.ai and a link to the source page. Any other reproduction, republication or commercial use requires our prior written permission.
5. Prohibited conduct
You must not:
- Use the Website in breach of any applicable law or regulation.
- Copy, scrape, mirror or systematically extract Content, whether manually or by any automated means, except as permitted in section 4.
- Use Content to train, fine-tune or evaluate any machine learning model without our prior written permission.
- Attempt to gain unauthorised access to the Website, its servers, or any connected system or network.
- Interfere with the operation of the Website, including by introducing malicious code or imposing an unreasonable load on our infrastructure.
- Submit false, misleading or impersonating information through any form on the Website.
- Reverse engineer, decompile or disassemble any part of the Website.
- Remove or obscure any proprietary notice on the Website.
6. Information you submit
When you contact us through the Website, subscribe to updates, or apply for a role, we process the information you provide in accordance with our Privacy Policy.
Do not send us confidential or sensitive information through the Website's forms or by unencrypted email. Information submitted that way is not treated as confidential unless and until a written confidentiality agreement is in place between us. If you need to share something confidential, tell us and we will put an agreement in place first.
If you send us feedback, suggestions or ideas about our business or services, you agree we may use them without restriction, obligation or compensation to you. This does not apply to information covered by a signed confidentiality agreement.
7. Intellectual property
The Website and all Content are owned by us or our licensors and are protected by Indian and international intellectual property law. The Akail.ai name, logo and brand elements are our trade marks. You may not use them without our prior written permission, except to refer factually to us or our services.
Except for the limited licence in section 4, no right, title or interest in the Website or Content is transferred to you.
8. Datasets and deliverables
Rights in datasets we collect and deliver — including ownership, licence scope, exclusivity, permitted uses, retention and deletion — are determined solely by the applicable Service Agreement. Nothing on the Website grants any licence or right to any dataset.
Datasets contain personal data of real individuals who have consented to a specific, described use. Any customer receiving a dataset is bound by contractual restrictions reflecting that consent, and by applicable data protection law.
9. Confidentiality
Where we discuss a potential engagement with you, each party may receive confidential information from the other. Those exchanges are governed by a separate non-disclosure agreement. In the absence of one, neither party should disclose information it wishes to keep confidential.
10. Third-party links
The Website may link to third-party sites and resources. We do not control them, do not endorse them, and are not responsible for their content, availability, or privacy practices. Accessing them is at your own risk and subject to their terms.
11. Availability and changes
We do not guarantee that the Website will be available uninterrupted or error-free. We may modify, suspend or discontinue any part of the Website, and may amend these Terms, at any time.
Where we amend these Terms, we will update the “last updated” date at the top of this page. Your continued use of the Website after a change takes effect constitutes acceptance of the amended Terms.
12. Disclaimers
The Website and Content are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all warranties, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.
We do not warrant that Content is complete, current or accurate. Content is provided for general information and does not constitute technical, legal, commercial or professional advice, and should not be relied on as the basis for any decision without independent verification.
13. Limitation of liability
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, anticipated savings or data, arising out of or in connection with your use of, or inability to use, the Website — whether in contract, tort (including negligence), statute or otherwise, and even if we have been advised of the possibility of such damages.
Our total aggregate liability arising out of or in connection with the Website and these Terms is limited to [AMOUNT, e.g. INR 10,000].
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or fraudulent misrepresentation.
Liability in relation to the Services is governed exclusively by the applicable Service Agreement and is not affected by this section.
14. Indemnity
You agree to indemnify and hold us harmless from any claim, demand, loss, liability, cost or expense (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Website, or your violation of any law or third-party right.
15. Governing law and jurisdiction
These Terms are governed by the laws of India, without regard to conflict of laws principles.
The courts at [CITY], India shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Website, and you irrevocably submit to that jurisdiction.
16. General
- Severability. If any provision is held invalid or unenforceable, the remaining provisions continue in full force.
- No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
- Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition or transfer of assets.
- Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Website, and supersede any prior understanding on that subject.
- No partnership. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and us.
17. Contact us
Questions about these Terms: legal@akail.ai.
General enquiries: hello@akail.ai or through our contact form.
Postal address: [LEGAL ENTITY NAME], [REGISTERED ADDRESS].
See also our Privacy Policy and our security practices.