AkiAki Terms of Use

Version 2026.09 · Last updated: September 2, 2026 · Effective: September 2, 2026

PLEASE READ CAREFULLY. THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 20) THAT GOVERN HOW CLAIMS BETWEEN YOU AND AKIAKI ARE RESOLVED, INCLUDING CLAIMS THAT AROSE BEFORE THE EFFECTIVE DATE. UNLESS YOU OPT OUT WITHIN 30 DAYS AS DESCRIBED IN SECTION 20: (1) YOU MAY PURSUE CLAIMS AGAINST AKIAKI ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (2) YOU WAIVE YOUR RIGHT TO A COURT TRIAL AND A JURY.

These Terms replace the AkiAki Terms and Conditions effective May 1, 2024 and every earlier version. AkiAki LLC is the successor to Aki Aki, Inc. for purposes of the Platform.

Definitions

• "AkiAki," "we," "us" — AkiAki LLC, a California limited liability company.
• "Platform" — the akiaki.io website, the AkiAki web and mobile applications (app.akiaki.io and app-store versions), and all related software, services, features, and content.
• "Customer" — a user who posts a request for goods to be purchased and brought to them.
• "AKier" — a user who has completed AKier onboarding, posts their location (by checking in at a place or roaming an area), sets a delivery fee, and may accept requests.
• "Business" — any store, restaurant, or other third-party seller from which an AKier buys goods for a Customer. Businesses are not parties to these Terms unless they hold a Business account.
• "Goods" — food, beverages, and other items lawfully sold at retail that a Customer requests.
• "Order" — an accepted request, from acceptance through completion or cancellation.
• "User" — any Customer, AKier, or Business account holder.

1. Agreement to these Terms

These Terms of Use ("Terms") are a legally binding agreement between you and AkiAki LLC ("AkiAki," "we," "us," or "our"), governing your access to and use of the Platform. By creating an account, checking the "I agree" box, or using the Platform, you — on behalf of yourself and your heirs, assigns, and successors — represent that you have read, understand, and agree to these Terms, our Privacy Policy, and our Community Guidelines, all of which are incorporated by reference; that you are of legal age to form a binding contract; and that, if you act for an organization, you have authority to bind it. Additional terms posted in the Platform for specific features (for example, promotions or Business accounts) are also incorporated. If you do not agree, do not use the Platform.

You must be at least 18 years old to use the Platform. Certain items and features are limited to users 21 or older (see Section 11).

Any guidance the Platform gives you — suggested fees, estimated totals, navigation, store suggestions — is informational only. AkiAki has no control over and does not guarantee the existence, quality, safety, or legality of any Goods, the truth or accuracy of any User's content, or the ability of any User to complete a transaction.

2. What AkiAki is — and is not

AkiAki is a technology platform that lets people in a community help each other. A person who needs something (a "Customer") posts a request. A person who is already out and checked in nearby (an "AKier") can accept it, buy the item with their own money from a store or business of the Customer's choosing, bring it to the Customer, and be reimbursed plus a delivery fee and any tip. We call this Community Commerce™.

Please understand the following, because it defines every other part of these Terms:

(a) AkiAki is not a retailer, merchant, restaurant, or seller. We do not sell, stock, prepare, price, or hold title to any goods. Goods are selected by the Customer, purchased by the AKier from an independent third-party business at that business's price, and passed to the Customer. AkiAki never takes ownership of the goods. Any problem with the goods themselves (quality, freshness, fitness, safety, labeling, allergens, pricing, or a store's own policies) is a matter between you, the AKier, and the business that sold them.

(b) AkiAki is not a delivery service, courier, or common carrier. We do not employ AKiers, dispatch them, control their routes, or guarantee that any request will be accepted or completed. Any time estimate shown on the Platform is an estimate only.

(c) AKiers are independent members of the community, not AkiAki employees, agents, or contractors of AkiAki. AKiers decide when to check in, which requests to accept, and how to complete them. AkiAki does not supervise AKiers or direct their work. Nothing in these Terms creates an employment, agency, partnership, joint-venture, or franchise relationship between AkiAki and any user.

(d) The transaction is between the Customer and the AKier. When an AKier accepts a request, a direct agreement forms between the Customer and the AKier for the AKier to purchase and hand over the requested goods in exchange for reimbursement, the delivery fee, and any tip. AkiAki facilitates that agreement, processes the payment through a third-party payment processor, and provides the tools, but is not a party to it.

(e) Users deal with each other at their own risk. We do not run background checks on Customers or AKiers, and we do not verify the accuracy of anything users post beyond the identity and payment checks described in Section 3. You are responsible for using good judgment when dealing with other users and for your own safety.

3. Accounts

Eligibility and accuracy. You must provide a valid mobile number, a real name, and accurate information, and keep it current. One person, one account. You may not create an account for someone else, share your account, or use another person's account.

Verification. We verify your mobile number by one-time code and may verify your identity through our authentication and payment providers. To be an AKier you must also complete onboarding, which includes providing a government-issued ID, date of birth, and vehicle information, and completing identity and payment verification with our payment processor, Stripe. We may decline, suspend, or remove any account at our discretion.

Security. You are the sole authorized user of your account and are responsible for everything that happens under it, including keeping minors from using it. Keep your login secure and tell us immediately at security@akiaki.io if you believe it has been compromised. You may be liable for losses AkiAki or others incur because someone else used your account, whether or not you told us. You may not create an account if we previously removed or banned you.

Acceptance record. When you accept these Terms, we record the version accepted, the date and time, and your device or network information. If we change these Terms in a material way, we will ask you to accept the new version before continuing to use the Platform.

4. Location services

The Platform is built around where people are right now. It does not work without location. By using the Platform you agree that we may collect your device's precise location while the app is open, as described in the Privacy Policy. For AKiers who are checked in or roaming, we collect location repeatedly while the app is in the foreground so that Customers can see who is nearby. If you turn off location, most features will not be available.

5. Community Guidelines

Our Community Guidelines describe how we expect users to treat each other, what may not be requested or transported, and how deactivation and appeals work. They are part of these Terms. Violating them is a violation of these Terms.

6. How requests and orders work

Requests. A Customer describes what they need, where it can be bought, where it should be delivered, and any details or substitutions. A Customer may post the request to the marketplace (visible to AKiers checked in nearby) or send it directly to a specific AKier. A direct request goes to one AKier only. If a direct request is not accepted in time, the Customer may repost it, send it to a different AKier, extend the time, or cancel.

Acceptance. An AKier is never obligated to accept a request. Once an AKier accepts, both users are committed as described in Sections 8 and 10, and a temporary authorization is placed on the Customer's payment method (Section 7). The AKier's delivery fee is shown before the Customer confirms. AKiers may counter-offer a different fee; the Customer decides whether to accept it.

Shopping and checkout. When the AKier begins shopping they tap Start Shopping. Before paying at the store the AKier must upload a photo of the receipt. The AKier pays for the goods with their own money. The order total in the Platform is the amount on the receipt.

Delivery and completion. The AKier brings the goods to the delivery location and marks the order delivered, with a drop-off photo where required. The Customer then confirms the total and adds a tip. If the Customer does not act within the time shown, the order finalizes automatically with the suggested tip.

Chat. The Platform provides in-order messaging between the Customer and the AKier. Messages may be reviewed by AkiAki for safety, support, and fraud prevention. Do not use chat to move a transaction off the Platform or to share payment details.

Ratings and reviews. After an order, users may rate and review each other. Reviews are subject to the Community Guidelines and may be moderated. Ratings affect an AKier's continued access to the Platform.

Age-restricted items. If a request includes an age-restricted item (Section 11), the AKier must check the Customer's valid government-issued photo ID at hand-off and may refuse to hand over the item if ID is not shown or the Customer appears intoxicated. A refused age-restricted item is treated as a Customer cancellation after shopping has begun (Section 8).

7. Payments, fees, and authorizations

Payment processor. Payments are processed by Stripe, Inc. ("Stripe"). By using the Platform you agree to the Stripe Services Agreement and, if you are an AKier, the Stripe Connected Account Agreement. AkiAki does not store full payment card numbers.

Customer must have a payment method on file. You cannot post a request without a valid payment method saved to your account.

Authorization hold. When an AKier accepts your request, we place a temporary authorization hold on your payment method. The hold is a fixed amount (currently $75) that may be more than the estimate you see, because the final cost of the goods is not known until the AKier checks out. The hold is not a charge. It is released if the order is cancelled before shopping begins, and it is replaced by the final charge when the order is completed. Your bank may take several days to remove a released hold; that timing is controlled by your bank, not AkiAki.

What you pay. Your final charge is:

1. Goods — the amount on the store receipt, reimbursed to the AKier.
2. Delivery fee — set by the AKier and shown before you confirm.
3. Service fee — a flat fee that covers Platform operation and payment processing. The current schedule is $1.99 for orders up to $40, $2.99 up to $75, $4.99 up to $125, $7.99 up to $200, and a published formula above $200. The fee schedule may change; the fee that applies is the one shown at checkout.
4. Tip — optional, chosen by you, 100% to the AKier.
5. Taxes — any sales tax is included in the store receipt; AkiAki does not add tax to the delivery or service fee unless required by law.

Final charge may differ from the estimate. Because goods are bought at a real store at real prices, the final total will be the actual receipt amount plus fees and tip. If the final total exceeds the authorization, you authorize us to charge the difference to your payment method on file. If a charge fails, you authorize us to retry and to charge any other payment method saved to your account, and we may suspend your account until the balance is paid.

Currency. All amounts are in U.S. dollars.

Errors. We may correct pricing or fee errors even after a charge has been made, and will notify you when we do.

Promotional offers and credits. We may offer promotions, referral rewards, or credits at our discretion. They may be used only by the intended audience for the intended purpose; may not be duplicated, sold, or transferred; cannot be redeemed for cash; are subject to any terms stated in the offer; and expire on the date stated or, for credits with no stated date, six months after issue, to the extent the law allows. We may withhold or reverse a promotion or credit that was obtained in error, fraudulently, or in violation of its terms or these Terms, and may modify or cancel any promotion at any time. Opening multiple accounts or stacking codes to abuse a promotion is a violation of these Terms.

8. Cancellation policy

Because an AKier spends their own money and their own time on your request, when you can cancel — and what it costs — depends on how far along the order is.

The delivery fee charged on a cancellation after Start Shopping is not a penalty. It is the agreed price for a service the AKier has already begun to perform.

AKier cancellation. An AKier may withdraw from an accepted request before tapping Start Shopping. Withdrawing after Start Shopping, or repeatedly withdrawing, affects the AKier's completion rate and may lead to deactivation under the Community Guidelines. If an AKier withdraws, the Customer's hold is released and the Customer may repost the request.

Cancellation by AkiAki. We may cancel any request or order at any time for safety, fraud, legal, or Platform-integrity reasons. If we do so before shopping begins, no one is charged.

9. Refunds, problems with an order, and chargebacks

All completed orders are final. Because AkiAki does not sell the goods and does not hold the money for them, we cannot refund the price of goods. If something is wrong with what you received (wrong item, missing item, damaged item, overcharge versus receipt), report it in the app or to support@akiaki.io within 48 hours of delivery with photos. We will review the receipt, photos, chat, and order timeline and may, at our sole discretion and without any obligation, issue a credit or adjust a fee. Any credit is a courtesy, not a right.

Store return policies apply to the goods. If a store accepts returns, the Customer may return the item to the store directly. AKiers are not required to handle returns.

Chargebacks. Do not dispute a charge with your bank for an order that was delivered. Filing a chargeback for a completed order, or for a cancellation fee you agreed to, is a violation of these Terms and grounds for immediate deactivation, and you agree to reimburse AkiAki for the amount and any dispute fees. We keep the receipt photo, drop-off photo, location trail, chat, and acceptance record for every order and will use them to respond to disputes.

10. Additional terms for AKiers

If you check in, roam, or accept requests, these additional terms apply to you.

Independent status. You are an independent member of the community using the Platform to help neighbors and earn money. You are not an employee, agent, joint venturer, partner, or contractor of AkiAki. You decide whether, when, where, and how to use the Platform. You supply your own vehicle, phone, and money. You are not required to accept any request, wear any uniform, or meet any schedule. AkiAki does not withhold taxes; you are solely responsible for all taxes on amounts you earn, and we will issue tax forms (such as IRS Form 1099) where required by law. Nothing in these Terms limits your right to use other platforms.

You buy with your own money. When you accept a request, you agree to purchase the requested goods with your own funds and to be reimbursed through the Platform after the order is completed, together with your delivery fee (less AkiAki's commission) and any tip. AkiAki does not advance you money and is not responsible for what you spend beyond what is reimbursed under these Terms. Do not spend more than the Customer's authorization hold without the Customer's confirmation in chat.

Payouts. Payouts are made through Stripe Connect to the bank account you link. AkiAki retains a commission on the delivery fee (currently 20%; the rate shown in your AKier settings applies). Tips are paid to you in full. Payouts are made after the order is completed and the Customer's payment is captured, and are subject to Stripe's timing and to any hold for fraud review. You must keep your Stripe account in good standing and complete any verification Stripe requires; payouts cannot be made to an account that is not enabled.

Your obligations. You agree to: complete every request you accept, safely and promptly; buy exactly what was requested (or what the Customer approved in chat); upload a clear receipt photo before checkout; never open, consume, or tamper with goods; hand goods directly to the Customer or as the Customer instructed; check ID for any age-restricted item; comply with all traffic, safety, and other laws; hold any license, registration, and insurance required to operate your vehicle; and never use the Platform under the influence of alcohol or drugs.

Insurance. AkiAki does not provide auto, health, liability, or any other insurance to AKiers. You are responsible for insuring yourself, your vehicle, and your activities. Your personal auto policy may not cover commercial use; check with your insurer.

Ratings, completion rate, and deactivation. Your continued access depends on maintaining the rating and completion-rate thresholds shown in the app and on complying with the Community Guidelines, which include our Deactivation Policy and appeals process.

Customer information. You may use a Customer's name, location, and messages only to complete that order. You may not store, share, post, or contact a Customer outside the Platform.

Business accounts. If you are checked in on behalf of a registered business account, additional terms in your business agreement apply, and goods reimbursement may be routed to the business.

11. Restricted, regulated, and prohibited items

You may not request, purchase, or transport anything on the Prohibited Items list in the Community Guidelines, including weapons, illegal drugs, controlled substances, hazardous materials, live animals, counterfeit goods, gift cards, cash or cash equivalents, prescription medications, sealed packages of unknown contents, or anything illegal to sell, possess, or transport under federal, California, or local law.

Age-restricted items (alcohol and tobacco or nicotine products, where permitted) may be requested only by Customers who are 21 or older, may be accepted only by AKiers 21 or older whom AkiAki has enabled for such items, and require ID verification at hand-off. The AKier is the person purchasing the item from a licensed retailer and is responsible for complying with that retailer's requirements and all applicable law.

Cannabis and hemp-derived THC products are prohibited on the Platform unless and until AkiAki expressly enables a regulated-goods program in your area under the Regulated Goods Addendum (Appendix A). Until then, requesting or transporting such products is a violation of these Terms and grounds for permanent deactivation.

We may refuse, cancel, or reverse any request we believe involves a prohibited or restricted item, and may report suspected illegal activity to law enforcement.

12. Your content

You may post text, photos, ratings, reviews, and messages ("User Content"). You keep ownership of your User Content. You grant AkiAki a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, sublicensable license to host, store, use, copy, display, publish, modify, translate, create derivative works from, distribute, and remove your User Content in connection with AkiAki's business, in any form now known or later developed, without notice or approval, including the right to attribute it to you by username, first name and last initial, profile photo, and rating history, and the right for other Users to access it through the Platform. This license survives termination of your account. You represent that you own or have the right to post your User Content, that it is accurate and not misleading or defamatory, and that it does not violate the law, these Terms, or anyone's rights, including privacy, publicity, and intellectual-property rights.

We do not pre-screen User Content but may monitor, refuse, edit, block, remove, or move any of it at our discretion, and we will not remove content solely on the basis of viewpoint. We may access, preserve, and disclose User Content and account information where we reasonably believe it is necessary to comply with law or legal process, enforce these Terms, address fraud, security, or technical issues, respond to support requests, or protect the rights, property, or safety of AkiAki, our Users, or the public. AkiAki is not liable for any User Content or for any loss resulting from reliance on it; you bear all risk of using it.

Ratings and reviews. Ratings and reviews are User Content, are not endorsed by AkiAki, and do not represent our views. You agree that any rating or review will be based on your first-hand experience; that you will not review someone with whom you have a financial, employment, family, or competitive relationship; that you will not give or accept payment, free goods, or other benefits in exchange for a review; and that your review will comply with the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials. We may remove any rating or review that we believe undermines the integrity of the system, without notice.

Feedback. Ideas, suggestions, and proposals you send us ("Feedback") are given at your own risk, without any obligation of confidentiality, and you grant AkiAki the same license to Feedback as to User Content.

13. Communications and electronic records

Texts, calls, email, push. By creating an account and providing your mobile number, you agree to receive communications from AkiAki, from other Users about your Orders, and from providers acting for AkiAki, by email, text message, call, and push notification at the number and address you provide, including messages generated by automatic telephone dialing systems or that deliver prerecorded messages, about your account, Orders, safety, and the Platform. Message and data rates may apply. You may change notification preferences in Settings and may opt out of promotional texts by replying STOP from the device receiving them. Order messages between you and another User, verification codes, and safety notices are transactional, not promotional, and continue while you have an account. You may opt out of marketing email at any time using the unsubscribe link.

E-SIGN disclosure. You consent to receive these Terms, the Privacy Policy, notices, disclosures, receipts, and all other communications electronically, and to the use of electronic records and electronic signatures (including checking a box or tapping "I agree") to document your agreement. To access and keep electronic records you need a device with a web browser and internet access and either a printer or storage on the device. You may withdraw consent to electronic records by emailing legal@akiaki.io with "Revoke Electronic Consent" in the subject line, in which case you may no longer be able to use the Platform. For a paper copy of any record, or to update your contact information, email legal@akiaki.io with your mailing address.

14. License and intellectual property

The Platform, its software, design, text, graphics, logos, and the AkiAki, AKíAKí, AKier, and Community Commerce marks are owned by AkiAki or its licensors and protected by intellectual-property laws. These Terms are not a sale and convey no ownership. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Platform for its intended purpose.

Rules of use. In addition to the Community Guidelines, you agree that you will not:

1. use the Platform for any unlawful, deceptive, or fraudulent purpose, or in violation of any law of the place where you use it;
2. use the Platform or its content for any commercial purpose — including contacting, advertising to, soliciting, or selling to other Users — without our written permission;
3. resell, license, or transfer the Platform, your account, or any content to anyone;
4. copy, distribute, republish, or compile content from the Platform, or deep-link, frame, or mirror any part of it;
5. access the Platform by any means we have not authorized, or use any robot, spider, scraper, or automated process to retrieve data from it;
6. probe, scan, or test the vulnerability of, or circumvent any security or authentication measure on, the Platform or any connected system, or attempt unauthorized access to any account or system;
7. damage, disable, overburden, or impair any AkiAki server or network, or upload viruses or other harmful code;
8. impersonate any person, forge headers, or otherwise disguise the origin of anything you submit;
9. post content that is unlawful, threatening, abusive, harassing, defamatory, obscene, discriminatory, hateful, or that infringes anyone's rights or discloses confidential information you have no right to share;
10. post spam, chain letters, pyramid schemes, or unsolicited advertising;
11. use AkiAki's marks or logos without permission, or remove or alter any proprietary notice;
12. stalk, harass, or collect or store personal data about other Users;
13. abuse promotions, credits, or referral codes, including by opening multiple accounts;
14. reverse-engineer, decompile, or attempt to discover the source code of the Platform except as the law expressly permits;
15. disobey any AkiAki policy or procedure, or attempt or help anyone else to do any of the above.

You agree to report any bug, security issue, or unauthorized access method you discover to security@akiaki.io. If we believe you have breached any of these rules we may suspend or permanently deactivate your account.

15. Third-party services, links, and app stores

Third-party services. The Platform relies on third-party services, including Stripe (payments and payouts), Auth0 (sign-in), Microsoft Azure (hosting, maps, storage, and telemetry), Google (maps, places, analytics), Twilio and SendGrid (text and email delivery), and app stores. Your use of those services is subject to their terms and privacy policies. AkiAki is not responsible for third-party services or for the Businesses from which Goods are purchased.

Links and advertisements. The Platform may contain links to third-party websites, applications, or advertisements. We do not control, review, endorse, or make any representation about them, and we will not warn you when you leave the Platform. You use them at your own risk and should review their terms and privacy practices before transacting with them.

App stores. If you obtained the AkiAki app through the Apple App Store, Google Play, or another app store ("App Store"), you acknowledge that these Terms are between you and AkiAki, not the App Store; that AkiAki, not the App Store, is solely responsible for the app, its content, maintenance, support, warranties, and any claims relating to it (including product liability, legal compliance, and intellectual-property claims); that you must comply with the App Store's terms; that you will pay any fees the App Store or your wireless carrier charges; that you are not located in a country subject to a U.S. Government embargo or designated as terrorist-supporting and are not on any U.S. Government list of prohibited or restricted parties; and that the App Store and its affiliates are third-party beneficiaries of these Terms with the right to enforce them against you.

Social media. By interacting with AkiAki's social media pages you agree to follow the Community Guidelines there as well.

Internet delays. The Platform depends on the internet and mobile networks. Except as required by law, AkiAki is not responsible for delays, failures, or loss caused by those networks.

16. Suspension, deactivation, and termination

You may stop using the Platform at any time and may request account deletion at support@akiaki.io. We may modify or discontinue the Platform, and may suspend, restrict, or deactivate your account, at any time, with or without notice and without liability to you, for violation of these Terms or the Community Guidelines, suspected fraud or safety risk, legal requirement, or extended inactivity; how we respond depends on factors such as how serious the conduct was and whether there is a pattern. We will not terminate access solely on the basis of viewpoint. We may also pursue civil, criminal, or injunctive remedies. Deactivations for Guidelines violations follow the appeals process in the Guidelines. Amounts owed to or by you at the time of termination remain due. Sections that by their nature should survive termination (including Sections 2, 7–10, 12, 14, and 17–23) survive.

17. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, AKIAKI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AKIAKI DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY REQUEST WILL BE ACCEPTED OR COMPLETED; OR THAT ANY GOODS, USER, OR BUSINESS WILL BE SAFE, ACCURATE, LAWFUL, OR OF ANY PARTICULAR QUALITY. AKIAKI DOES NOT SCREEN USERS BEYOND WHAT IS DESCRIBED IN SECTION 3 AND MAKES NO REPRESENTATION ABOUT ANY USER'S IDENTITY, BACKGROUND, OR CONDUCT. YOU USE THE PLATFORM AND INTERACT WITH OTHER USERS AT YOUR OWN RISK. Some jurisdictions do not allow certain warranty disclaimers, so some of the above may not apply to you.

18. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AKIAKI AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, GOODWILL, OR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE PLATFORM OR YOUR DEALINGS WITH ANY OTHER USER OR BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY. AKIAKI'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE SERVICE FEES YOU PAID TO AKIAKI IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED DOLLARS ($100). THESE LIMITS APPLY TO ANY THEORY OF LIABILITY AND ARE A FUNDAMENTAL PART OF THE BARGAIN. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

19. Indemnification

You agree to defend, indemnify, and hold harmless AkiAki and its members, managers, officers, employees, agents, and licensors from any claim, loss, liability, damage, cost, or expense (including reasonable attorneys' fees) arising out of or related to: your use of the Platform; your User Content; your violation of these Terms, the Guidelines, or any law; your dealings with any other user or business; if you are an AKier, your purchase, transport, or hand-off of any goods, your operation of any vehicle, and any claim that you are an employee of AkiAki; and any injury, death, or property damage caused by you. We may, at our own cost, assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate. This Section does not require you to indemnify AkiAki for AkiAki's own negligence, fraud, deception, misrepresentation, or unconscionable commercial practice. This Section survives termination.

20. Dispute resolution — binding arbitration and class action waiver

Please read this section carefully. It affects your rights.

This Section 20 is the "Arbitration Agreement."

(a) Scope. You and AkiAki agree that any dispute, claim, or controversy arising out of or relating in any way to your access to or use of the Platform, to any advertising or marketing about AkiAki, to any Goods or services obtained through the Platform, or to any aspect of your relationship or transactions with AkiAki — including claims that arose or were asserted before the effective date of these Terms — will be resolved by binding individual arbitration rather than in court, except that (1) either party may bring an individual claim in small-claims court if it qualifies and stays there on an individual basis, and (2) either party may seek equitable relief in court for infringement or misuse of intellectual-property rights or for unauthorized access to or misuse of the Platform. Claims that by law cannot be subject to mandatory pre-dispute arbitration are excluded to that extent.

(b) Informal resolution first — required. Before either party demands arbitration, you and AkiAki agree to personally meet and confer, by telephone or video, in a good-faith effort to resolve the claim. The party raising the claim must send written notice to the other stating an intent to hold an informal dispute-resolution conference; the conference will take place within 60 days after the other party receives the notice unless both agree to extend. Notice to AkiAki goes to legal@akiaki.io and must include your name, the mobile number and email on your account, and a description of the claim and the relief you want. If you are represented by counsel, your counsel may join, but you must personally participate. Completing this conference is a condition of starting arbitration. Statutes of limitation and filing deadlines are tolled while this process is under way.

(c) Rules, forum, and fees. This Arbitration Agreement is governed by the Federal Arbitration Act; if the FAA cannot apply, the arbitration law of the state where you live applies. Before beginning arbitration, the claimant must send the other party notice of intent to arbitrate certifying that the conference in (b) was completed. The arbitration will be administered by ADR Services, Inc. under its arbitration rules in effect when the demand is filed (available at adrservices.com or by calling 310-201-0010), as modified by this Section; if ADR Services is unavailable, by the American Arbitration Association under its Consumer Arbitration Rules; and if neither is available, by a forum the parties agree on. A demand must include the claimant's name, telephone number, mailing address, and email; a statement of the legal claims and their factual basis; a description of the remedy sought and a good-faith calculation of the amount in controversy in U.S. dollars (injunctive relief and attorneys' fees do not count unless they seek money); and the claimant's signature. If you start arbitration, AkiAki will pay the portion of the initial case-opening fee that exceeds the fee to file the same case in a court of competent jurisdiction where the arbitration is located, and if the arbitrator finds that you cannot afford the forum's fees and cannot obtain a fee waiver, AkiAki will pay them. When twenty or more demands are filed that involve the same or similar parties, arise from the same or substantially identical facts or legal questions, and involve the same or coordinated counsel, the forum's mass-arbitration fee schedule applies. You may choose to have the arbitration conducted by telephone, video, written submissions, or in person in the county where you live or another agreed location.

(d) Arbitrator's powers. The arbitrator, and not any court or agency, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or part of it is void or voidable, and all disputes about the payment of forum or arbitrator fees. The arbitrator may grant dispositive motions, must follow applicable law, may award on an individual basis any damages or non-monetary relief a court could award to an individual, and will issue a written decision explaining the essential findings and conclusions, including how any damages were calculated. The award binds only the parties and has no preclusive effect in any other proceeding involving a different party. Judgment on the award may be entered in any court with jurisdiction. Except as provided in (g), the arbitration will not be consolidated or joined with any other matter.

(e) JURY WAIVER. YOU AND AKIAKI WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHT TO SUE IN COURT AND HAVE A TRIAL BEFORE A JUDGE OR JURY, EXCEPT AS PROVIDED IN (a). There is no judge or jury in arbitration, and court review of an award is limited.

(f) CLASS AND REPRESENTATIVE ACTION WAIVER. EXCEPT AS PROVIDED IN (g), YOU AND AKIAKI AGREE THAT ALL CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT WILL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT ON A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE BASIS, AND THAT CLAIMS OF MORE THAN ONE USER MAY NOT BE ARBITRATED OR LITIGATED JOINTLY. If this waiver is found invalid or unenforceable as to a particular claim, that claim will be decided in court under (i) rather than in arbitration, and this Section otherwise remains in effect. Nothing here prevents either party from participating in a class-wide settlement.

(g) Batch arbitration. If 100 or more similar arbitration demands against AkiAki, presented by or with the help of the same law firm or organization, are filed within a 30-day period, the arbitration provider will group them into batches of no more than 100 demands each (plus a final batch for any remainder) and resolve each batch as a single arbitration with one set of filing and administrative fees and one arbitrator per batch. You agree to cooperate in good faith with AkiAki and the provider to implement this.

(h) 30-day opt-out. You may opt out of this Arbitration Agreement by emailing legal@akiaki.io within 30 days after you first become subject to it with your name and address, the mobile number and email on your account, and a clear statement that you want to opt out of arbitration. If you opt out, neither you nor AkiAki can force the other to arbitrate, and the rest of these Terms still apply. Updates to these Terms do not create a new opt-out window for anyone who already agreed to a prior version and did not validly opt out; AkiAki will continue to honor valid opt-outs made under any prior version.

(i) Governing law and venue. These Terms are governed by the laws of the State of California, consistent with the Federal Arbitration Act, without regard to conflict-of-law rules. To the extent any claim proceeds in court, you and AkiAki consent to the exclusive jurisdiction of the state and federal courts in San Diego County, California, and waive any objection to venue there.

(j) Time limit. Any claim must be brought within one year after it arises or it is permanently barred, to the extent the law allows.

(k) Separate agreements. Nothing in these Terms supersedes or modifies any separate written agreement between you and AkiAki (for example, a Business account agreement). Opting out of this Arbitration Agreement does not affect any arbitration provision in such a separate agreement.

(l) Survival and changes. This Arbitration Agreement survives termination of your relationship with AkiAki. If AkiAki makes a future material change to this Arbitration Agreement, the change will not apply to any individual claim you have already given AkiAki notice of.

21. Copyright complaints (DMCA)

If you believe content on the Platform infringes your copyright, send a notice meeting the requirements of 17 U.S.C. § 512(c) to our designated agent: AkiAki LLC, Attn: DMCA Agent, [MAILING ADDRESS], legal@akiaki.io. We may remove content and terminate repeat infringers. Counter-notices may be sent to the same address.

22. Notice to California residents

Under California Civil Code § 1789.3, California users are entitled to the following notice: the Platform is provided by AkiAki LLC, [MAILING ADDRESS]. If you have a complaint about the Platform or wish to receive further information, contact us at support@akiaki.io. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

23. Changes, notices, and general terms

Changes. We may update these Terms. We will post the new version with a new version number and date, and for material changes we will notify you in the app or by email and ask you to accept before continuing. Continued use after the effective date is acceptance.

Notices. We may give you notice in the app, by push notification, by text, or by email to the address on file. You may give us notice at legal@akiaki.io.

Electronic agreement. You agree that checking a box, tapping "I agree," or continuing to use the Platform is a valid electronic signature and that electronic records satisfy any writing requirement.

Entire agreement; severability; waiver; assignment. These Terms, the Privacy Policy, and the Community Guidelines are the entire agreement between you and AkiAki about the Platform. If any part is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to an affiliate or successor. Headings are for convenience only.

Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.

24. Contact

AkiAki LLC [MAILING ADDRESS] General and legal notices: legal@akiaki.io Support: support@akiaki.io Privacy: privacy@akiaki.io Security: security@akiaki.io

Appendix A — Regulated Goods Addendum (reserved; not currently in effect)

This Addendum applies only if AkiAki has expressly enabled a Regulated Goods program in your area and you have separately opted in and been approved for it. Until then it has no effect, and Section 11 governs.

A1. Scope. "Regulated Goods" means cannabis, cannabis products, and hemp-derived intoxicating products lawful for adult use or medical use under the law of the state where the transaction occurs, and any other category AkiAki designates in writing.

A2. Licensed retailer only; AkiAki is not a licensee. Regulated Goods may be purchased only from a retailer holding a valid state license for retail sale (and, where applicable, delivery). AkiAki does not hold a cannabis license, does not sell, possess, store, transport, or take title to Regulated Goods, does not set their price, and is not a delivery service. Where state law requires that a technology platform act as the agent of the licensed retailer for any purpose, AkiAki acts solely in that limited capacity as appointed by the retailer.

A3. Who may participate. Customers must be 21 or older (or hold a valid medical recommendation and be 18 or older, where permitted), must provide government-issued ID, and must be located in a jurisdiction where the transaction is lawful. AKiers must be 21 or older, must hold any license, permit, registration, or employment status the state requires of a person transporting Regulated Goods, and must be separately approved by AkiAki. In jurisdictions where only employees of the licensed retailer may deliver, the Platform will route the request to the retailer for fulfillment and the AKier will not transport the goods.

A4. Compliance. All participants must comply with all applicable state and local law, including limits on quantity, packaging, ID verification, delivery hours, and delivery locations, and must not transport Regulated Goods across state lines. Geolocation is required and must be enabled for the entire transaction. AkiAki may require additional verification, may share transaction records with the licensed retailer and regulators as required by law, and may suspend the program at any time.

A5. Federal law notice. Cannabis remains a controlled substance under U.S. federal law. You acknowledge this and accept all risk of participating in a Regulated Goods transaction. AkiAki makes no representation that any transaction is lawful in your jurisdiction.

A6. Health notice. Statements about Regulated Goods have not been evaluated by the FDA. Products are not intended to diagnose, treat, cure, or prevent any disease. Nothing on the Platform is medical advice.

A7. Indemnity and limitation. Sections 17–19 apply with full force to any Regulated Goods transaction, and you additionally agree to indemnify AkiAki for any claim arising from your possession, transport, use, or provision of Regulated Goods.