Terms of Service

The Service is a multi-tenant platform that helps agencies and their clients run sales, outreach, and operational workflows. Arekko operates the master account; agencies and their clients operate sub-accounts under the master's administration. Features of the Service may include contact management, campaign deployment, AI-assisted content generation, billing and credit metering, integration with third-party providers, and related tooling. The set of features available to you depends on the tier and configuration that Arekko or your administering agency has enabled for your account.

You must be at least eighteen (18) years old and capable of entering into a binding contract to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify Arekko immediately at zrmondragon83@gmail.com of any unauthorized use of your account or any other breach of security.

Arekko may suspend or terminate access to any account at any time if Arekko reasonably believes the account is being used in violation of these Terms or applicable law.

Most paid actions on the Service consume credits. Credits are issued through one or more plans, subscriptions, top-up purchases, or grants administered by Arekko or the agency that administers your account. Credit balances, pricing, refund rules, and rollover behavior are governed by the plan and rate card in effect at the time the action runs. Pricing may change; we will provide reasonable notice of material changes.

You are responsible for paying all fees and applicable taxes. If a charge fails, Arekko may suspend access to paid features until payment is restored. Unused credits do not generally entitle you to a cash refund except where required by law or expressly stated in your subscription terms.

“Customer Content” means data, text, contact records, campaign copy, files, imagery, and any other materials you submit to or generate on the Service, including content generated with AI-assisted features at your direction. You retain ownership of your Customer Content. You grant Arekko a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, and otherwise use Customer Content solely to provide and improve the Service, to enforce these Terms, and to comply with law.

You represent and warrant that (a) you have the rights necessary to submit Customer Content to the Service, (b) your use of the Service complies with all applicable laws and consent requirements, including those governing email, calls, SMS, and the processing of personal information about your contacts, and (c) Customer Content does not infringe, misappropriate, or violate any third-party right.

You agree not to (and not to permit anyone else to):

• Use the Service to send unsolicited commercial messages in violation of CAN-SPAM, the TCPA, GDPR, CASL, or any other applicable law.
• Upload, transmit, or generate content that is unlawful, defamatory, harassing, obscene, or that infringes the intellectual property rights or privacy rights of others.
• Attempt to gain unauthorized access to the Service, other accounts, or Arekko's systems; probe or test the vulnerability of the Service without prior written permission; or interfere with the Service's normal operation.
• Reverse engineer, decompile, or disassemble any portion of the Service, except to the extent applicable law expressly prohibits this restriction.
• Resell, sublicense, or commercially exploit the Service outside the scope of the access Arekko has granted you (the master agency's ability to resell to sub-agencies and clients is contractually granted, not implied).
• Use the Service to generate or distribute spam, malware, phishing content, or any material designed to deceive recipients.
• Use the Service to make decisions that have legal or similarly significant effects on individuals without appropriate human review.

The Service includes features that draft, summarize, classify, or otherwise generate content using large language models and image models, including third-party models. AI output may contain inaccuracies, may not reflect Arekko's views, and should be reviewed before you use it. You are responsible for the AI output you choose to use, send, publish, or store as Customer Content.

Arekko may use de-identified, aggregated information about how AI features are used to improve the Service. We do not use your Customer Content to train third-party foundation models without your explicit instruction.

The Service connects to third-party services such as email providers, social account providers, calendar systems, payment processors, and CRM systems. Your use of those services is governed by their respective terms. Arekko is not responsible for the availability, accuracy, or content of any third-party service. Connecting a third-party service authorizes Arekko to exchange data with that service as needed to provide the Service.

The Service, including all software, designs, text, graphics, logos, and underlying intellectual property, is owned by Arekko or its licensors and is protected by United States and international law. Subject to these Terms, Arekko grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes. No other rights are granted by implication, estoppel, or otherwise.

Each party may have access to information of the other that is marked confidential or that a reasonable person would understand to be confidential under the circumstances (“Confidential Information”). The receiving party will protect the disclosing party's Confidential Information with at least the same degree of care it uses to protect its own confidential information of similar sensitivity, and will use the Confidential Information solely to perform under these Terms. These obligations do not apply to information that is or becomes publicly available without breach, is rightfully obtained from a third party without restriction, or is independently developed without use of the disclosing party's information.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. AREKKO AND ITS LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR TITLE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI-ASSISTED OUTPUT WILL BE ACCURATE OR SUITABLE FOR ANY PARTICULAR PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AREKKO AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AREKKO'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO AREKKO IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU IN FULL.

You will defend, indemnify, and hold harmless Arekko and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your Customer Content, (b) your use of the Service in violation of these Terms or applicable law, or (c) your infringement, misappropriation, or violation of a third party's rights.

You may stop using the Service at any time. Arekko may suspend or terminate your access to the Service immediately if you materially breach these Terms, if required to comply with law, or if your continued use poses a security or operational risk. On termination, your right to access the Service ends, and Arekko may delete your account data after a commercially reasonable wind-down period, subject to its retention obligations under law.

Arekko may modify the Service and these Terms from time to time. If we make a material change, we will provide reasonable notice (for example, by email or in-product notification). Your continued use of the Service after the change takes effect constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, your sole remedy is to stop using the Service.

These Terms and any dispute arising out of or relating to the Service are governed by the laws of the State of North Carolina and the United States of America, without regard to conflict-of-laws principles. The exclusive venue for any dispute that is not subject to binding arbitration is the state or federal courts located in North Carolina, and each party consents to personal jurisdiction in those courts.

These Terms and the Privacy Policy together constitute the entire agreement between you and Arekko regarding the Service and supersede any prior or contemporaneous understandings on that subject. If any provision of these Terms is held unenforceable, the remaining provisions will continue in full force. Arekko's failure to enforce any right or provision is not a waiver. You may not assign these Terms without Arekko's prior written consent; Arekko may assign these Terms freely.

Questions about these Terms? Email zrmondragon83@gmail.com.