Terms of Service

AKIXI TERMS OF SERVICE

Introduction

Welcome to Akixi! By using Akixi’s products, software, services or web sites (“Akixi Services”), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to Program Policies and Legal Notices (collectively, the “Terms”).
We may update the Terms in the future, and you will be able to find the most current version of this agreement at http://www.akixi.com/terms-of-service/. Our Terms should also be read in conjunction with our Privacy Notice, which is available at http://www.akixi.com/privacy-notice/.
This agreement is organised into multiple sections so you can click-through to the specific areas set out below:
1. USE OF SERVICES
2. DATA PROTECTION AND PRIVACY
3. APPROPRIATE CONDUCT
4. PROPRIETARY RIGHTS
5. SOFTWARE & AUTOMATIC UPDATES
6. GENERATE PRACTICES REGARDING USE & STORAGE
7. MODIFICATIONS TO SERVICE
8. TERMINATION
9. ADVERTISEMENTS
10. LINKS
11. INDEMNITY
12. DISCLAIMER OF WARRANTIES
13. LIMITATION OF LIABILITY
14. EXCLUSIONS & LIMITATIONS
15. NO THIRD-PARTY BENEFIT
16. NOTICE
17. GENERAL INFORMATION
18. IMPORTANT PRIVACY NOTICE
19. PROCESSING, PERSONAL DATA & DATA SUBJECTS

1. USE OF SERVICES

Akixi Limited, its subsidiaries and affiliated companies, including your Telephony Services Provider or account administrator, offer Akixi Services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United Kingdom or other jurisdiction in which we provide and/or you will use Akixi Services.
In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of Akixi Services. This will be held and used by Akixi under the Terms of the Akixi Privacy Notice.
You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify Akixi of any unauthorised use of your password or account or any other breach of security. Akixi cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.

2. DATA PROTECTION AND PRIVACY

2.1. Data Protection Legislation as used and applied in these Terms of Service means (i) unless and until the General Data Protection Regulation ((EU) 2016/679) (GDPR) is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.
2.2. Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 2.2 is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.
2.3. The parties acknowledge that for the purposes of the Data Protection Legislation, the Customer is the Data Controller, Akixi is a Data Processor, and the Customer’s Telephony Services Provider is also a Data Processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation). Section 19 (“Processing, Personal Data & Data Subjects”) of these Terms of Service sets out the scope, nature and purpose of processing by Akixi, the duration of the processing and the types of Personal Data (as defined in the Data Protection Legislation, Personal Data) and categories of Data Subject.
2.4. Without prejudice to the generality of clause 2.2, the Customer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to Akixi for the duration and purposes of this agreement, which corresponds to the duration that the Customer subscribes to Akixi Services either directly or via their Telephony Services Provider, and three (3) subsequent calendar years after services are terminated.
2.5. Without prejudice to the generality of clause 2.2, Akixi shall, in relation to any Personal Data processed in connection with the performance by Akixi of its obligations under this agreement:
i) Process that Personal Data only on either (a) the written instructions of the Customer or their Telephony Services Provider; (b) the direct provisioning of the Customer’s telephony reporting environment by either the Customer or their Telephony Services Provider via the Akixi Service’s self-service administration portal(s); or (c) where Akixi is required by the laws of any member of the European Union or by the laws of the European Union applicable to Akixi to process Personal Data (Applicable Laws). Where Akixi is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, Akixi shall promptly notify the Customer and/or their Telephony Services Provider of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit Akixi from so notifying the Customer;
ii) Ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising, anonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
iii) Ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
iv) For Customers based inside the EEA (European Economic Area), Akixi shall not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the Customer has been obtained and the following conditions are fulfilled:
a. The Customer or Akixi has provided appropriate safeguards in relation to the transfer;
b. The data subject has enforceable rights and effective legal remedies;
c. Akixi complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
d. Akixi complies with reasonable instructions notified to it in advance by the Customer with respect to the processing of the Personal Data;
v) Assist the Customer, at the Customer’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
vi) Notify the Customer or their Telephony Services Provider without undue delay on becoming aware of a Personal Data breach;
vii) At the written direction of the Customer or their Telephony Services Provider, delete or return Personal Data and copies thereof to the Customer on termination of the agreement unless required by Applicable Law to store the Personal Data; and
viii) Maintain complete and accurate records and information to demonstrate its compliance with this clause 2.
2.6. The Customer gives consent to Akixi to appoint any third-party processor of Personal Data under this agreement.

3. APPROPRIATE CONDUCT

You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using Akixi Services and for any consequences thereof. You agree to use Akixi Services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Akixi Services or servers or networks connected to Akixi Services. To report any activity or Content that may violate the Terms, please contact us at http://www.akixi.com/contact/.
In addition to this agreement, your use of some specific Akixi Services is governed by the policies or guidelines specific to those services and which are specifically incorporated into this agreement.
You understand that the technical processing and transmission of Akixi Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services.
You also understand and agree that your Telephony Services Provider or account administrator may have access to your account and its content, and may suspend or terminate your account access and your ability to modify your account.

4. PROPRIETARY RIGHTS

Akixi’s Rights

You acknowledge and agree that Akixi Services and any necessary software used in connection with Akixi Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. Any use of Akixi’s trade names, trademarks, logos, domain names, and other distinctive brand features requires the use of Akixi’s permission, and must be in strict compliance with the terms of a separate agreement you must specifically enter into with Akixi, and also must be in compliance with any content contained or referenced therein that may be found on the Akixi web site at the following URL: http://www.akixi.com (or such other URL that Akixi may provide from time to time).
You further acknowledge and agree that content contained in sponsor advertisements or presented to you through Akixi Services (“Third-Party Content”) is protected by copyrights, trademarks, patents or other proprietary rights and laws. Except as expressly authorised by Akixi or other proper third-party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Third-Party Content, Akixi Services or Software, in whole or in part except as specifically authorised in a separate written agreement.

License & Limited Rights

Subject to the Terms, Akixi grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third-party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorised by Akixi in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to Akixi Services. You agree not to access Akixi Services by any means other than through the interface that is provided by Akixi for use in accessing Akixi Services except as specifically authorised in a separate written agreement. Except as expressly authorised by Akixi you agree not to use, copy, imitate, or incorporate any trade name, trademark, domain name, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter Akixi’s or any third-party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Akixi Services or Software.

No Resale Of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Akixi Services, use of Akixi Services, or access to Akixi Services except as otherwise expressly provided in the Terms or as specifically authorised in a separate written agreement.

5. SOFTWARE & AUTOMATIC UPDATES

Akixi Software may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop Akixi Services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.

6. GENERATE PRACTICES REGARDING USE & STORAGE

You agree that Akixi has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by Akixi Services. You acknowledge that Akixi may have set no fixed upper limit on the number of records you may create or receive through Akixi Services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.
Upon the termination of your use of Akixi Services, Akixi will close your account and you will no longer be able to retrieve Content contained in that account.
Akixi may retain Content if it considers it reasonable or necessary to manage the Akixi Services and to comply with regulatory requirements but may delete Content at its discretion.

Automatic Akixi Service Data Collection

You agree that the Akixi Service’s data collection logic can automatically access your telephony environment on the hosted telephony platform in order to collect real-time information related to call, device states, and/or ACD activity.
For Customers subscribing to Dubber call recording services, you also agree that the Akixi platform’s call viewing feature(s) can automatically access your Dubber recording platform account in order to automate the retrieval of audio recordings, either for download and/or immediate playback.

Active Akixi Service Data & Content

Active Akixi Service Data is defined as Akixi Service configuration such as Devices, ACD Agents, and User credentials, as well as all historic call and ACD & DND activity data & Content. You agree that Akixi will only store historic call and activity records created over time through its service, for a Retention Period not less than twelve (12) months. You also agree that Akixi has the sole discretion to automatically delete historic call and activity records older than this Retention Period in order to manage data storage capacity.
Please refer to the Glossary of the Akixi Privacy Notice for a definition of ACD & DND.

Backup Data & Content

Akixi Service Backup Data is defined as encrypted & inaccessible data used only for service restoration purposes in the unlikely event of a catastrophic technical failure. Backup Data contains Akixi Service configuration such as Devices, ACD Agents, and User credentials, as well as all historic call and ACD & DND activity data for both the current & previous months. You agree that Akixi can maintain up to three (3) years of historic data backups and that Akixi has the sole discretion to automatically & irreversibly delete Backup Data when required for maintaining storage availability for its data management operations.

7. MODIFICATIONS TO SERVICE

Akixi reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Akixi Services (or any part thereof) with or without notice. You agree that Akixi shall not be liable to you or to any third-party for any modification, suspension or discontinuance of Akixi Services.

8. TERMINATION

Subject to any contractual term entered into for Akixi Services, you may discontinue your use of Akixi Services at any time thereafter. You agree that Akixi may at any time and for any reason, including a period of account inactivity, terminate your access to Akixi Services, terminate the Terms, or suspend or terminate your account.
In the event of termination, your account will be disabled and you may not be granted access to Akixi Services, your account or any files or other content contained in your account. Sections 8 (Termination), 11 (Indemnity), 12 (Disclaimer Of Warranties), 13 (Limitation Of Liability), 14 (Exclusions & Limitations) and 17 (including “Choice Of Law And Forum”, “Waiver And Severability Of Terms” and “Statute Of Limitations”), of the Terms, shall survive expiration or termination.

9. ADVERTISEMENTS

Some Akixi Services may be supported by advertising revenue and may display advertisements and promotions on the service. Such advertisements may be targeted to the content of information stored on the Akixi Services, queries made through Akixi Services or other information. The manner, mode and extent of advertising by Akixi on its services are subject to change.

11. INDEMNITY

You agree to hold harmless and indemnify Akixi, and its subsidiaries, affiliates, officers, agents, resellers, employees, advertisers, licensors, suppliers and account administrators, (collectively “Akixi & Partners”) from and against any third-party claim arising from or in any way related to your use of Akixi Services, violation of the Terms or any other actions connected with use of Akixi Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Akixi will provide you with written notice of such claim, suit or action.

12. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:
a. Your use of Akixi Services is at your sole risk. Akixi Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Akixi & Partners expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
b. Akixi & Partners do not warrant that (i) Akixi Services will meet your requirements, (ii) Akixi Services will be uninterrupted, timely, secure, or error-free, (iii) the operation of your telephony platform(s) and/or associated voice calls will be uninterrupted, timely, secure, or error-free (iv) the results that may be obtained from the use of Akixi Services will be accurate or reliable (v) the quality of any products, services, information, or other material purchased or obtained by you through Akixi Services will meet your expectations, and (vi) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of Akixi Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
d. No advice or information, whether oral or written, obtained by you from Akixi or through or from Akixi Services shall create any warranty not expressly stated in the terms.

13. LIMITATION OF LIABILITY

You expressly understand and agree that Akixi & Partners shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Akixi or Partners have been advised of the possibility of such damages) resulting from: (i) the use or the inability to use Akixi Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from Akixi Services; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on Akixi Services; or (v) any other matter relating to Akixi Services.

14. EXCLUSIONS & LIMITATIONS

Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations in sections 12 and 13 which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

15. NO THIRD-PARTY BENEFIT

You agree that, except as otherwise expressly provided in the Terms, there shall be no third-party beneficiaries to the Terms and the Contents (Rights of Third Parties) Act 1999 is excluded.

16. NOTICE

You agree that Akixi may provide you with notices, including those regarding changes to the Terms, by e-mail, regular mail, or content postings on Akixi Services.

17. GENERAL INFORMATION

Entire Agreement

The Terms (including any policies, guidelines or amendments that may be presented to you from time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and Akixi and govern your use of Akixi Services, superseding any prior agreements between you and Akixi for the use of Akixi Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Akixi Services, affiliate services, third-party content or third-party software.

Choice Of Law And Forum

The Terms and the relationship between you and Akixi shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions. You and Akixi agree to submit to the personal and exclusive jurisdiction of the courts located within the country of the United Kingdom.

Waiver And Severability Of Terms

The failure of Akixi to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Statute Of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Akixi Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the Terms are for convenience only and have no legal or contractual effect.

18. IMPORTANT PRIVACY NOTICE

Akixi Services are offered by Akixi in conjunction with your Telephony Services Provider or account administrator where every involved party may have access to your account information including your e-mail and records. Specifically, subject to your designated Telephony Services Provider and/or account administrator’s privacy policies, your account administrator may:
• View statistics regarding your account, such as information concerning your last login or data storage usage;
• Change your account password, suspend or terminate your account access and your ability to modify your account;
• Access or retain information stored as part of your account, including your e-mail, telephone number, contacts and other information; and,
• Receive account information in order to satisfy applicable law, regulation, legal process or enforceable governmental request.
Akixi’s other use of your information is governed by the Akixi Privacy Notice (http://www.akixi.com/privacy-notice/ ) and the applicable specific services privacy policies.

19. PROCESSING, PERSONAL DATA & DATA SUBJECTS

The following table specifies the scope, nature and purpose of processing by Akixi, the Telephony Services Provider, as well as the Customer. The duration of the processing, the types of Personal Data (as defined in the Data Protection Legislation, Personal Data), and categories of Data Subject are all indicated. A full definition of the Personal Data types can be found within the Akixi Privacy Notice.

Scope & Nature Purpose Duration Personal Data Types Categories Of Data Subject
Akixi (Data Processor)
Storing Active Akixi Service Data Recording Telephony Activity During Subscription To Akixi Services a) Identity.
b) Contact.
c) Telephony environment configuration.
d) Telephony platform integration details.
e) Transactional telephony call & ACD activity Reporting Data.
f) Usage.
Customer (a, b, c, d, e) and their organisation’s Employees (b, c, d)
Storing Historic Call & ACD Activity Data Retain Historic Data For Re-Subscription 13 Months After Subscription Termination a) Transactional telephony call & ACD activity Reporting Data. Customer and their organisation’s Employees
Storing Akixi Service Backup Data Provide Reliable & Efficient Data Backup Mechanism During Subscription And 3 Years After Termination a) Transactional telephony call & ACD activity Reporting Data. Customer and their organisation’s Employees
Telephony Services Provider (Data Processor – Via Akixi Service Administration Access)
Storing Active Akixi Service Data Recording Telephony Activity During Customer Subscription To Akixi Services a) Identity.
b) Contact.
c) Telephony environment configuration.
d) Telephony platform integration details.
e) Transactional telephony call & ACD activity Reporting Data.
f) Usage.
Customer (a, b, c, d, e) and their organisation’s Employees (b, c, d)
Customer (Data Processor)
Process, Extract, Analyse & Manipulate Active Akixi Service Data Analysing & Categorising The Customer’s & Their Organisation’s Telephony Activity During Subscription To Akixi Services a) Transactional telephony call & ACD activity Reporting Data. Customer and their organisation’s Employees
Back to Top