Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between you and sakas.io, LLC, a Virginia limited liability company (“Sakas,” “we,” “us,” or “our”), governing your access to and use of our websites, applications, APIs, and related services (collectively, the “Services”).

By accessing or using the Services, clicking to accept, or entering into an order that references these Terms, you agree to be bound by them. If you are using the Services on behalf of an entity, you represent that you have authority to bind that entity, and “you” refers to that entity. If you do not agree, do not use the Services.

You must be at least 18 years old and capable of forming a binding contract to use the Services. You represent that you are not barred from using the Services under applicable law and that your use will comply with all applicable laws and regulations.

You are responsible for providing accurate registration information, keeping it current, and maintaining the confidentiality of your account credentials. You are responsible for all activity that occurs under your account. Notify us promptly of any unauthorized use or suspected security breach. We may suspend or terminate accounts that we reasonably believe are inaccurate, fraudulent, or in violation of these Terms.

You agree not to, and not to permit any third party to:

• Use the Services in violation of any law, regulation, or third-party right;
• Access or use the Services to build a competing product, or copy, reverse engineer, decompile, or attempt to derive source code, except to the extent permitted by law;
• Interfere with, disrupt, or compromise the integrity, security, or performance of the Services;
• Introduce malware or attempt to gain unauthorized access to any systems or data;
• Upload or transmit unlawful, infringing, defamatory, or harmful content;
• Resell, sublicense, or provide the Services to third parties except as expressly permitted; or
• Use the Services to send unsolicited communications or to collect data in violation of applicable law.

We may investigate and take appropriate action, including suspension or termination, for any suspected violation.

Certain Services are offered on a subscription or paid basis. By purchasing, you authorize us and our payment processors to charge the applicable fees, taxes, and recurring charges to your selected payment method. Unless otherwise stated:

• Subscriptions automatically renew for successive periods unless cancelled before the renewal date;
• Fees are quoted exclusive of taxes, which you are responsible for;
• Fees are non-refundable except where required by law or expressly stated; and
• We may change pricing prospectively upon notice, effective at your next renewal.

If a payment fails or is overdue, we may suspend or terminate access until amounts are paid. You are responsible for any costs of collection.

You retain all rights in the content, data, and materials you submit to the Services (“Customer Data”). You grant us a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, and use Customer Data solely as necessary to provide, maintain, secure, and improve the Services and as otherwise permitted in these Terms.

You represent and warrant that you have all rights and permissions necessary to submit Customer Data and to grant the foregoing license, and that the Customer Data and its use do not violate any law or third-party right. We may use aggregated and de-identified data derived from use of the Services for any lawful business purpose.

The Services, including all software, text, designs, graphics, logos, and other materials, and all intellectual property rights therein, are owned by Sakas or its licensors and are protected by law. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal business purposes. All rights not expressly granted are reserved. If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction.

The Services may integrate with or link to third-party products and services that we do not control. Your use of those services is governed by their terms and policies, and we are not responsible or liable for them. We do not endorse and make no warranties regarding any third-party services.

The Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, Sakas disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that the Services will be uninterrupted, secure, error-free, or that results obtained will be accurate or reliable. You use the Services at your own risk.

To the fullest extent permitted by law, in no event will Sakas or its members, managers, officers, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or relating to the Services or these Terms, even if advised of the possibility of such damages. Sakas's total aggregate liability for all claims arising out of or relating to the Services or these Terms will not exceed the greater of the amounts you paid to Sakas in the three (3) months preceding the event giving rise to the claim, or one hundred U.S. dollars ($100). These limitations apply regardless of the theory of liability and form an essential basis of the bargain.

You will defend, indemnify, and hold harmless Sakas and its members, managers, officers, employees, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your Customer Data, your use of the Services, or your breach of these Terms or violation of any law or third-party right.

These Terms remain in effect while you use the Services. You may stop using the Services at any time. We may suspend or terminate your access at any time, with or without cause or notice, including for any violation of these Terms. Upon termination, your license to use the Services ends. Provisions that by their nature should survive termination (including ownership, disclaimers, limitations of liability, indemnification, and dispute provisions) will survive.

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws principles. Subject to the arbitration provision below, the state and federal courts located in Virginia will have exclusive jurisdiction, and you consent to personal jurisdiction and venue there.

Any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered under the rules of a recognized arbitration provider, seated in Virginia, except that either party may seek injunctive relief in court for infringement or misuse of intellectual property. To the extent permitted by law, you and Sakas waive any right to a jury trial and to participate in a class or representative action; claims must be brought in an individual capacity. Any claim must be filed within one (1) year after it arises, or it is permanently barred.

We may modify the Services or these Terms at any time. When we change these Terms, we will update the “Effective” date above and, where appropriate, provide additional notice. Changes are effective when posted. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

These Terms, together with any order or policy referenced herein, constitute the entire agreement between you and Sakas regarding the Services and supersede prior agreements on the subject. If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them freely. There are no third-party beneficiaries. Notices to us should be sent to info@sakas.io.