Aksum Terms of Use

Last updated: May 8, 2026

1. Introduction, Scope and Acceptance

These Terms of Use (the “Terms”) govern access to and use of the Aksum website, web application, platform, software, tools, interfaces, content, documentation and related services (together, the “Services”).

By accessing or using the Services, creating an account, requesting a demo, accepting an invitation to a workspace or project, or entering into an order form, paid pilot agreement, proposal, statement of work or similar document referencing these Terms, you agree to be bound by these Terms.

These Terms apply to website visitors, demo request users, business customers, customer administrators, invited users and any other person or organization accessing or using the Services.

If you use the Services on behalf of a company, organization or other legal entity, you represent that you have authority to bind that entity to these Terms. In that case, “Customer”, “you” and “your” refer to that entity and its authorized users, as applicable.

The Services are intended for business and professional use only. They are not intended for consumer use. If you do not agree to these Terms, you must not access or use the Services.

2. Legal Entity, Legal Notice and Contact

The Services are operated by:

Aksum
Paseo de San Francisco de Sales 29
Madrid, Madrid 28003
Spain
Email: team@aksum.ai

If Aksum’s legal entity details change or are updated, these Terms may be updated to include the relevant legal name, registration details, tax identification number and any additional legal notice information required by applicable law.

Additional legal notice information may be made available on Aksum’s website where required by applicable Spanish information society services, e-commerce or other applicable laws.

3. The Aksum Services

Aksum is a business-to-business internal intelligence platform that helps organizations process, organize and search internal knowledge from interviews, audio recordings, transcripts, documents, notes and related business sources.

The Services may use artificial intelligence, transcription and data processing technologies to support features such as transcription, diarization, summarization, source-grounded search, chat-based knowledge retrieval, entity and relationship extraction, report generation, meeting preparation, sales preparation, editorial support, marketing support and workflow assistance.

Aksum is designed to assist professional users with research, sales preparation, editorial workflows, internal knowledge management, marketing support, business intelligence and related tasks. Aksum does not make final business, legal, financial, editorial, employment, investment, strategic, commercial or other decisions on behalf of Customers or users.

Users remain responsible for reviewing, validating and deciding how to use any information, analysis, recommendation, summary, report, signal, insight or output generated through the Services.

4. Business Use, Authorized Users and Accounts

The Services are intended for professional, business-to-business use by organizations and their authorized users. The Services are not directed to consumers or individuals under 18 years of age.

Customers are responsible for determining which users are authorized to access their workspaces, projects, files, sources, reports, chats and other Customer Content within the Services.

Users may access the Services through authentication methods made available by Aksum, which may include magic links, email-based authentication, single sign-on or other access methods. Users must not share access links, credentials or authentication methods with unauthorized persons.

Customers are responsible for all activity carried out by their authorized users, except to the extent such activity results from Aksum’s breach of these Terms or applicable law.

You must promptly notify Aksum at team@aksum.ai if you become aware of any unauthorized access, security incident or misuse of an account, workspace or project.

Aksum may suspend or restrict access to an account, workspace, project or feature if Aksum reasonably believes that such access may create a security risk, violate these Terms, violate applicable law or harm the Services, Aksum, another customer or a third party.

5. Order Forms, Paid Pilots and Fees

Access to paid pilots, subscriptions, projects, implementation services, usage limits, features, support, onboarding, pricing, billing terms and duration may be set out in an order form, paid pilot agreement, proposal, statement of work or similar written agreement between Aksum and the Customer (each an “Order Form”).

Unless expressly agreed otherwise in writing, Aksum does not provide free pilots or free trials. Any pilot, validation project or early access deployment is a paid engagement subject to the applicable Order Form.

If there is a conflict between these Terms and an Order Form signed or otherwise accepted by Aksum and the Customer, the Order Form will prevail for that Customer with respect to the conflicting subject matter.

The Customer must pay all fees set out in the applicable Order Form. Unless otherwise stated in the Order Form, fees are non-refundable and exclusive of applicable taxes.

Aksum may suspend access to the Services for late payment, non-payment or payment failure after providing reasonable notice, unless the payment dispute is raised in good faith and within the period specified in the applicable Order Form.

6. Access Rights and Restrictions

Subject to these Terms and the applicable Order Form, Aksum grants the Customer and its authorized users a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the applicable subscription, pilot or contract period, solely for the Customer’s internal business purposes and any external use expressly permitted under these Terms or the applicable Order Form.

Except as expressly permitted by these Terms or an Order Form, you must not:

copy, modify, adapt, translate or create derivative works of the Services;
reverse engineer, decompile, disassemble or attempt to discover the source code, underlying models, infrastructure or algorithms of the Services;
resell, sublicense, rent, lease or provide access to the Services to unauthorized third parties;
use the Services to build, train, benchmark or improve a competing product or service;
bypass usage limits, security controls, authentication mechanisms or access restrictions;
interfere with, overload, disrupt or compromise the integrity, availability or security of the Services.

All rights not expressly granted to you are reserved by Aksum.

7. Customer Content and Generated Outputs

“Customer Content” means any content, data, files, materials, information or inputs uploaded, submitted, transmitted, connected, processed, generated from, or otherwise made available by or on behalf of the Customer or its authorized users through the Services.

Customer Content may include, without limitation, audio recordings, interviews, meeting recordings, call recordings, transcripts, documents, PDFs, text sources, notes, source metadata, interview metadata, business context, prompts, chat messages, reports, internal knowledge, CRM-related context, email or calendar-related context where applicable, and any other customer-provided information.

The Services may also create, store or process information derived from Customer Content, including transcripts, diarization outputs, summaries, topics, sentiment signals, chunks, embeddings, entities, mentions, relationships, snippets, human-reviewed corrections, generated reports, chat outputs, sales signals, editorial suggestions, marketing drafts and other AI-generated or system-generated outputs (“Generated Outputs”).

As between Aksum and the Customer, the Customer retains ownership of Customer Content.

Subject to these Terms, the applicable Order Form, applicable law and any third-party provider terms that may apply, the Customer may use Customer-specific Generated Outputs created from its Customer Content for its internal business purposes and, where appropriate, for external publication or communication, subject to human review and compliance with these Terms.

Aksum does not claim ownership of Customer Content. Aksum also does not claim ownership of Customer-specific Generated Outputs as against the Customer, except for Aksum’s pre-existing intellectual property, platform technology, templates, workflows, system prompts, models orchestration, know-how and other Aksum materials that may be used to provide the Services.

Generated Outputs may not be unique. Similar or identical outputs may be generated for other customers or users where such outputs do not disclose Customer Content or Customer Confidential Information.

The Customer grants Aksum a limited, non-exclusive, worldwide license to host, store, process, transmit, analyze, display and use Customer Content and Generated Outputs solely as necessary to provide, secure, maintain, support, troubleshoot and perform the Services, comply with applicable law, enforce these Terms and perform the applicable Order Form.

For clarity, this license does not allow Aksum to publicly disclose Customer Content or use Customer Content to train Aksum-owned foundation models.

8. Customer Responsibilities, Permissions, Recordings and Sensitive Information

The Customer is solely responsible for Customer Content and for how the Customer and its authorized users collect, upload, record, submit, process, share, publish or otherwise use Customer Content and Generated Outputs.

The Customer represents and warrants that it has all necessary rights, permissions, notices, consents, authorizations and legal bases to:

collect, record, upload, submit and process Customer Content through the Services;
allow Aksum and its subprocessors to process Customer Content for the purposes of providing the Services;
use, share, publish or otherwise exploit Generated Outputs derived from Customer Content;
comply with applicable data protection, privacy, intellectual property, confidentiality, employment, recording, communications, wiretapping, interception, surveillance, sector-specific and artificial intelligence laws.

Each upload, submission, connection or processing request made by or on behalf of the Customer constitutes a confirmation that the Customer has the necessary rights, notices, consents, authorizations and legal bases to process that Customer Content through the Services.

If the Customer uploads or processes audio recordings, interviews, calls, meetings, conversations or other communications, the Customer is responsible for ensuring that such recording, upload, transfer, storage, transcription, analysis and processing complies with all applicable laws and that any required notices, consents or authorizations have been obtained from all relevant participants, organizations or authorities.

The Customer acknowledges that laws governing recording, monitoring, consent, interception and communications privacy may vary significantly by jurisdiction, sector and context. Aksum does not determine whether a specific recording, interview, call, meeting or communication may lawfully be recorded or processed in any jurisdiction.

The Customer must not upload, submit or process Customer Content that was collected, recorded, intercepted, obtained or disclosed unlawfully, without required permission, in breach of confidentiality obligations, in violation of recording or communications laws, or in violation of any person’s privacy, intellectual property or other rights.

The Customer must not upload, submit or process sensitive personal information, confidential third-party information, regulated data or legally restricted information unless the Customer has the necessary rights, permissions, notices, consents, legal bases and authority to do so.

Unless expressly agreed in writing with Aksum, the Services are not designed for processing classified information, payment card data, government identity numbers, protected health information, biometric identification data, children’s data, criminal offence data or other highly regulated categories of information.

The Customer is responsible for applying appropriate internal policies, confidentiality controls, access controls, data minimization practices and review procedures before uploading or processing sensitive, confidential or regulated information through the Services.

Aksum may require additional affirmative confirmations, onboarding attestations, upload acknowledgements or Order Form representations confirming that the Customer has the necessary rights, notices, consents and legal bases to upload and process Customer Content through the Services.

The Customer is responsible for configuring user access, roles and permissions appropriately within the Services and for ensuring that authorized users access only the information they are permitted to access.

9. AI Outputs, Human Review, Publication and Regulated AI Uses

The Services may generate summaries, answers, reports, recommendations, classifications, extractions, entity records, relationship records, sentiment signals, snippets, drafts, content suggestions, sales insights, meeting briefs and other outputs using artificial intelligence, transcription, retrieval and automated processing technologies.

AI-generated outputs may be inaccurate, incomplete, outdated, misleading or based on imperfect source material, including inaccurate transcripts, incomplete documents, ambiguous speaker identification, incorrect diarization, incorrect entity extraction, incorrect relationship extraction, hallucinated statements, missing context or insufficient source coverage.

Where the Services provide citations, references, links, timestamps, excerpts, source-grounded context or other traceability features, those features are provided to assist human review. They do not remove the Customer’s responsibility to verify the underlying source material.

Before using Generated Outputs for external publication, marketing, editorial content, reports, newsletters, social media posts, presentations, investor communications, commercial communications or any other external purpose, the Customer must verify that the Generated Output accurately corresponds to the underlying source material, including the relevant audio recording, transcript, document, note or other source.

No quotation, attribution, factual claim, title, role, relationship, commitment, sentiment, market signal or statement about a person, company, institution or stakeholder should be published, sent externally or relied upon without appropriate human verification against the underlying source material.

Subject to these Terms and the applicable Order Form, the Customer may use Generated Outputs externally, including in publications, reports, newsletters, presentations, social media posts, marketing materials or other communications, provided that the Customer performs appropriate human review and assumes responsibility for such external use.

The Customer must not use the Services or Generated Outputs as the sole basis for decisions that produce legal or similarly significant effects on individuals, including decisions related to employment, hiring, dismissal, promotion, credit, lending, insurance, education, healthcare, housing, immigration, law enforcement, eligibility for essential services or other high-risk or regulated contexts, unless expressly agreed in writing with Aksum and subject to additional safeguards.

The Customer is responsible for determining whether its use of the Services, Customer Content or Generated Outputs is subject to applicable artificial intelligence, automated decision-making, employment, profiling, consumer protection, sector-specific or high-risk technology laws, and for implementing any required notices, human oversight, assessments, documentation or safeguards.

For example, using Aksum to summarize an interview, prepare a meeting brief, identify internal context or draft a report for human review is permitted. Using Aksum as the sole basis to decide whether to hire, fire, blacklist, grant credit to, deny services to or otherwise materially affect a person is not permitted unless expressly agreed in writing and subject to appropriate legal, technical and human oversight safeguards.

Aksum does not guarantee that Generated Outputs are accurate, complete, non-infringing, suitable for publication, compliant with applicable law or appropriate for any specific purpose. Aksum is not responsible for factual errors, hallucinations, misattributions, incorrect quotations, omissions or editorial decisions resulting from the Customer’s use, publication or external communication of Generated Outputs without appropriate human verification.

Aksum does not provide legal, tax, financial, investment, employment, medical, compliance, regulatory or other professional advice. Any information generated through the Services is for informational and assistive purposes only.

10. Cross-Project Discovery, Integrations and Data Visibility

The Services may support discovery, retrieval, search, analysis or generation across multiple sources, projects, workspaces, teams, countries, sectors, geographies or business units, where enabled by the Customer, configured in the Services or agreed in an Order Form.

Cross-project or cross-geography discovery may allow authorized users to retrieve, compare or generate insights from Customer Content originating in different projects, markets, countries, teams or operational contexts. This functionality is intended to help Customers identify patterns, reuse knowledge and connect internal intelligence across silos.

The Customer is responsible for determining whether cross-project, cross-team, cross-country, cross-client or cross-geography visibility is appropriate for its organization and complies with its internal policies, confidentiality obligations, contractual restrictions, data protection obligations, data residency requirements, sector-specific rules and applicable laws.

If the Customer enables, requests or uses cross-project discovery, hybrid search, retrieval-augmented generation, global knowledge search or similar functionality, the Customer authorizes Aksum to process, retrieve and display Customer Content and Generated Outputs according to the applicable configuration, permissions and Order Form.

The Customer must not enable cross-project or cross-geography visibility where doing so would violate confidentiality walls, client commitments, internal access policies, local data sovereignty requirements, legal restrictions or the rights of data subjects or third parties.

Unless expressly agreed in writing, Aksum will not intentionally combine Customer Content from different unaffiliated customers to generate outputs for another customer.

The Services may also support integrations with third-party systems, including customer relationship management systems, email tools, calendar tools, collaboration tools, storage systems or other business applications, where enabled by the Customer or agreed in an Order Form.

The Customer is responsible for authorizing, configuring and monitoring integrations, including scopes, permissions, connected accounts, access tokens, data flows, synchronization settings and user permissions.

Aksum does not guarantee that data imported from, exported to or synchronized with third-party systems will be complete, accurate, current or error-free. The Customer must validate any sales insight, commercial signal, meeting preparation output, follow-up recommendation, CRM field, opportunity update or other action before using it to contact prospects, update external systems, make commercial decisions or trigger downstream workflows.

Aksum is not responsible for actions taken in third-party systems, including CRM updates, emails, calendar actions, sales activities, automations, customer communications or business decisions, unless expressly agreed in writing.

11. General Prohibited Uses

You must not use the Services to:

violate applicable law or regulations;
infringe, misappropriate or violate the rights of any person or entity;
upload or process content obtained through unlawful recording, surveillance, interception, scraping, hacking or unauthorized access;
generate, publish or distribute unlawful, defamatory, fraudulent, misleading, discriminatory, harassing or harmful content;
impersonate any person or misrepresent your affiliation with any person or organization;
interfere with or disrupt the Services or any related systems, networks or infrastructure;
introduce malware, viruses, worms, logic bombs or other harmful code;
attempt to gain unauthorized access to any account, workspace, project, system or data;
test, scan or probe the vulnerability of the Services without written authorization from Aksum;
use the Services for unlawful surveillance, profiling or monitoring of individuals;
use the Services to build, train, benchmark or improve a competing product or service without Aksum’s prior written consent.

12. Data Protection, Data Subject Rights, Security Incidents, International Transfers and DPA

Use of the Services is subject to Aksum’s Privacy Policy.

Individuals may exercise applicable privacy rights by contacting Aksum at team@aksum.ai, as described in Aksum’s Privacy Policy. If a request relates to Customer Content controlled by a Customer, Aksum may refer the request to that Customer or process it according to the Customer’s documented instructions.

Aksum may act as an independent controller for certain information relating to website visitors, demo requests, account administration, authentication, security, billing, service communications, platform administration and business operations. The applicable legal bases, retention periods, user rights and related information are described in Aksum’s Privacy Policy.

Where Aksum processes Customer Content containing personal data on behalf of a business customer, the Customer is generally the controller and Aksum is generally the processor.

Where required by applicable data protection laws, Customer Content containing personal data processed by Aksum on behalf of the Customer must be governed by a Data Processing Addendum or equivalent data processing agreement. Such DPA may be included in, attached to, or incorporated into the applicable Order Form, paid pilot agreement, customer agreement or separate written agreement between Aksum and the Customer.

If no DPA or equivalent data processing agreement is in place, the Customer must not upload or submit Customer Content containing personal data to the Services.

The Customer is responsible for providing privacy notices, obtaining consents where required, identifying a valid legal basis for processing, responding to data subject requests and complying with its obligations as controller or equivalent role under applicable data protection laws.

Aksum will provide reasonable assistance to the Customer, taking into account the nature of the processing and information available to Aksum, to help the Customer respond to data subject requests relating to Customer Content, including requests for access, rectification, erasure, restriction, objection or portability, as required by applicable data protection laws and the DPA.

If an individual contacts Aksum regarding personal data contained in Customer Content controlled by a Customer, Aksum may refer the request to the relevant Customer or process the request according to the Customer’s documented instructions, unless applicable law requires otherwise.

Aksum will notify the Customer without undue delay after becoming aware of a personal data breach or security incident affecting Customer Content, as required by applicable data protection laws and the DPA. Aksum will provide information reasonably available to Aksum to assist the Customer in assessing the incident and meeting any applicable notification obligations.

Aksum’s primary database and storage environment may be hosted in the European Union. However, some service providers may process personal data in other jurisdictions. Where personal data is transferred outside the European Economic Area, United Kingdom or Switzerland, Aksum will rely on appropriate transfer mechanisms where required, such as adequacy decisions, Standard Contractual Clauses, the UK International Data Transfer Addendum or other lawful transfer mechanisms, as applicable.

Aksum does not sell Customer Content.

Aksum does not use Customer Content to train Aksum-owned foundation models. Where available, Aksum configures third-party AI and transcription providers so Customer Content is not used for model training or model improvement. Provider-specific data handling may depend on the applicable provider terms, customer agreement and account settings.

Aksum’s current service providers may include Supabase, OpenAI, AssemblyAI, Vercel, Resend and Google Workspace, as further described in Aksum’s Privacy Policy, DPA or subprocessors list, where applicable.

13. Retention, Return, Export and Deletion of Customer Content

Retention, return, export and deletion of Customer Content may be further specified in the applicable Order Form, Privacy Policy or DPA. If those documents specify different retention or deletion periods, the more specific applicable document will govern.

Unless otherwise agreed in writing, Aksum will retain Customer Content for the duration of the active customer relationship, paid pilot, subscription or applicable Order Form, and for the limited additional period necessary to provide export, transition, security, legal, accounting, dispute resolution and backup functions.

Unless otherwise agreed in writing or required by law, after termination or expiration of the applicable Order Form, the Customer may request export or return of Customer Content for a period of thirty (30) days. After that period, Aksum may disable access to the Customer workspace or project.

Unless otherwise agreed in writing or required by law, Aksum will delete or anonymize Customer Content from active production systems within ninety (90) days after termination, expiration or a verified deletion request. Residual copies may remain in backups, security archives, audit logs or disaster recovery systems for a limited period and will be deleted or overwritten in accordance with Aksum’s normal backup retention cycle, unless retention is required by law, security, fraud prevention, dispute resolution or the DPA.

Upon written request, Aksum will provide written confirmation once deletion from active production systems has been completed, subject to applicable law, the DPA and any remaining backup, legal, security or dispute-preservation obligations.

Aksum may retain aggregated, anonymized or de-identified information that does not identify the Customer, authorized users or any individual and does not disclose Customer Confidential Information, for the purposes of security, service improvement, operational analysis and business reporting.

Aksum will not rely on “technical feasibility” as a general basis to refuse deletion of personal data. However, deletion may be subject to identity verification, Customer authorization, legal retention obligations, backup cycles, security requirements, dispute preservation obligations, fraud prevention needs and the technical operation of systems designed to preserve integrity and security.

14. Confidentiality

“Confidential Information” means non-public information disclosed by one party to the other party in connection with the Services, whether disclosed orally, visually, electronically or in writing, that is identified as confidential or should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure.

Customer Confidential Information includes Customer Content, business documents, interviews, transcripts, internal knowledge, commercial context, strategic information, reports, project information, stakeholder information and other non-public information submitted to or processed through the Services.

Aksum Confidential Information includes the Services, software, product roadmap, pricing, technical information, security documentation, demos, interfaces, workflows, know-how, business plans and non-public documentation.

Each party must:

use the other party’s Confidential Information only to perform or receive the Services;
protect the other party’s Confidential Information using at least reasonable care;
not disclose the other party’s Confidential Information to third parties except as permitted by these Terms, the applicable Order Form, the Privacy Policy, the DPA or applicable law;
restrict access to Confidential Information to personnel, contractors, advisers and service providers who need access and are bound by appropriate confidentiality obligations.

Confidentiality obligations do not apply to information that is publicly available without breach, already known without confidentiality restriction, independently developed without use of Confidential Information, or lawfully received from a third party without confidentiality restriction.

A party may disclose Confidential Information if required by law, court order or governmental authority, provided that, where legally permitted, it gives the other party reasonable notice and cooperates to limit the disclosure.

15. Intellectual Property, Feedback and Aggregated Information

Aksum and its licensors retain all rights, title and interest in and to the Services, including software, interfaces, workflows, designs, trademarks, trade names, logos, documentation, models orchestration, know-how, algorithms, databases, infrastructure, templates and related technology.

No rights are granted to the Customer except for the limited access and use rights expressly set out in these Terms or the applicable Order Form.

As between Aksum and the Customer, the Customer retains ownership of Customer Content. Subject to these Terms, the Customer may use Customer-specific Generated Outputs created from its Customer Content as described in Section 9.

Aksum may collect and use technical, usage, diagnostic, performance and operational information relating to the Services, provided that such information does not disclose Customer Content or Customer Confidential Information except as permitted by these Terms, the Privacy Policy, the DPA or the applicable Order Form.

Aksum may use aggregated, anonymized or de-identified information to operate, secure, understand, maintain and improve the Services, provided that such information does not identify the Customer, authorized users or any individual and does not reveal Customer Confidential Information.

If you provide suggestions, ideas, comments, improvements, requests or other feedback regarding the Services (“Feedback”), Aksum may use, modify, commercialize and incorporate such Feedback into the Services or other products without restriction, attribution or compensation, provided that Aksum does not disclose Customer Confidential Information in doing so.

You must not use Aksum’s name, logo, trademarks or branding in public communications without Aksum’s prior written consent, except as expressly permitted in an Order Form or separate written agreement.

Aksum must not use the Customer’s name, logo or branding in public communications without the Customer’s prior written consent, except as expressly permitted in an Order Form or separate written agreement.

16. Security, Availability, SLA, Force Majeure and Changes to the Services

Aksum implements reasonable technical and organizational measures designed to protect the Services and Customer Content, which may include authentication, workspace and project-based access controls, role-based permissions, database access controls, private storage configurations and other security measures appropriate to the nature of the Services.

However, no system is completely secure. Aksum does not guarantee that unauthorized access, disclosure, loss, interruption or security incidents will never occur.

The Services may depend on third-party providers, networks, infrastructure and AI or transcription systems outside Aksum’s direct control. Aksum is not responsible for delays, failures, interruptions or errors caused by third-party services, customer systems, internet connectivity or events outside Aksum’s reasonable control.

Unless expressly agreed in an Order Form, Aksum does not provide any specific uptime commitment, service level agreement, service credits, support response time or availability guarantee. Any applicable SLA, support commitment or service credit must be expressly stated in the applicable Order Form.

Neither party will be liable for failure or delay in performing its obligations, except payment obligations, to the extent caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, internet or telecommunications failures, power failures, cyberattacks, third-party service outages or other force majeure events.

Aksum may modify, improve, update, suspend, discontinue or replace features of the Services from time to time. Aksum will use reasonable efforts to avoid materially reducing core functionality during an active paid pilot or subscription without notice, unless required for security, legal, operational or technical reasons.

Certain features may be provided as pilot, beta, preview, experimental or early access features. Such features may be incomplete, modified, suspended or discontinued at any time and may be provided without specific service level commitments unless expressly agreed in writing.

17. Suspension and Termination

Aksum may suspend or terminate access to the Services, in whole or in part, if:

the Customer fails to pay fees when due;
the Customer or any authorized user breaches these Terms or an Order Form;
Aksum reasonably believes that continued access may create a security, legal, operational or reputational risk;
the Customer or any authorized user uses the Services unlawfully or in a way that may harm Aksum, another customer or a third party;
suspension or termination is required by law, court order, regulator or third-party provider requirement;
the applicable Order Form expires or is terminated.

Where reasonably practicable, Aksum will provide notice before suspension or termination, unless immediate action is necessary to prevent harm, comply with law or protect the Services.

Upon termination or expiration of the applicable Order Form, the Customer’s right to access and use the Services will end. Customer Content will be handled according to Section 13, the applicable Order Form, the Privacy Policy, the DPA and applicable law.

Sections that by their nature should survive termination will survive, including provisions relating to Customer Content, data protection, retention, confidentiality, intellectual property, payment obligations, disclaimers, limitation of liability, indemnification, governing law and dispute resolution.

18. Disclaimers, Liability, Indemnity, Changes and Governing Law

The Services are provided on an “as is” and “as available” basis, except as expressly stated in an Order Form or separate written agreement.

To the maximum extent permitted by applicable law, Aksum disclaims all warranties, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, uninterrupted operation, security, error-free performance or that the Services or Generated Outputs will meet the Customer’s requirements or achieve any particular business, commercial, editorial, strategic, financial, sales, marketing or operational result.

Aksum is not responsible for decisions, actions, publications, communications, reports, CRM updates, sales activities, automations or other uses made by the Customer or its authorized users based on Customer Content or Generated Outputs.

To the maximum extent permitted by applicable law, neither party will be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, business opportunity, goodwill, reputation, anticipated savings or data, even if advised of the possibility of such damages.

To the maximum extent permitted by applicable law, Aksum’s total aggregate liability arising out of or relating to the Services, these Terms or any Order Form will not exceed the amounts paid by the Customer to Aksum for the Services giving rise to the claim during the twelve months immediately preceding the event giving rise to liability.

The applicable DPA or Order Form may set out a separate liability cap or allocation of liability for data protection, confidentiality, security or intellectual property obligations. If it does, that specific cap or allocation will apply to the relevant subject matter.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is not permitted by applicable law, including liability for fraud, fraudulent misrepresentation, intentional misconduct, wilful breach, gross negligence where it cannot legally be limited, personal injury, death, data protection liabilities that cannot legally be limited, or any other liability that cannot legally be excluded or limited.

If any limitation or exclusion of liability in these Terms is found invalid or unenforceable under applicable law, it will apply to the maximum extent permitted by law and will not affect the validity of the remaining provisions.

The Customer will defend, indemnify and hold harmless Aksum, its founders, officers, employees, contractors, service providers and affiliates from and against any claims, damages, liabilities, losses, costs and expenses, including reasonable legal fees, arising out of or relating to:

Customer Content;
the Customer’s or authorized users’ use of the Services;
the Customer’s breach of these Terms or an Order Form;
the Customer’s violation of applicable law or third-party rights;
unauthorized, unlawful or non-compliant recordings, monitoring, interception, surveillance, communications processing or lack of required notices, consents or authorizations;
unlawful processing of personal data, sensitive information, confidential information or regulated information;
cross-project, cross-team, cross-country, cross-client or cross-geography discovery, visibility or use enabled, requested or configured by the Customer;
third-party integrations, CRM updates, synchronized data, downstream workflows or commercial actions configured, approved or carried out by the Customer;
publication, external use or reliance on Generated Outputs without appropriate human review and source verification.

Aksum will defend the Customer against third-party claims alleging that the Services, as provided by Aksum and used in accordance with these Terms and the applicable Order Form, infringe that third party’s intellectual property rights, and will indemnify the Customer for damages finally awarded by a court or agreed in settlement by Aksum. This obligation does not apply to claims arising from Customer Content, Customer systems, third-party services, modifications not made by Aksum, use outside the scope of these Terms or an Order Form, or combination of the Services with materials, data, software or systems not provided by Aksum.

Aksum may update these Terms from time to time. Non-material changes may become effective by posting an updated version on the website or notifying Customers through reasonable means.

For material changes that materially affect active paid Customers’ rights, obligations, fees, data processing terms, confidentiality obligations, liability allocation or access to core functionality, Aksum will use reasonable efforts to provide prior notice and, where required by applicable law or the applicable Order Form, obtain written or in-product acceptance before the changes apply to the active paid Customer.

If a Customer does not agree to a material change, the Customer must stop using the Services and may terminate the affected Order Form if the applicable Order Form gives the Customer that right. Continued use of the Services after the effective date of an updated version may constitute acceptance of the updated Terms, except where affirmative acceptance is required by applicable law or the applicable Order Form.

These Terms, the Services and any dispute or claim arising out of or relating to them are governed by the laws of Spain, without regard to conflict of law rules.

The courts of Madrid, Spain, will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, unless applicable mandatory law provides otherwise or unless the applicable Order Form expressly provides for a different dispute resolution mechanism, jurisdiction or arbitration forum.

For international enterprise customers, the parties may agree in an Order Form to arbitration or another dispute resolution forum. Any such alternative must be expressly agreed in writing.

For questions about these Terms, please contact:

Aksum
Paseo de San Francisco de Sales 29
Madrid, Madrid 28003
Spain
Email: team@aksum.ai