1. General
DreamMuse (“Application”) and related services (together with the Application and the Website, the “Service”) are operated by AKA (“AKA,” “Company,” or “we”). Access and use of the Service are subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understand, and agree to be bound by these Terms and Conditions, including any future modifications.
AKA may amend, update, or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions in the Application or on the Website for at least seven days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of:
● the end of such 7-day period
● or the first time you access or use the Service after such changes.
If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access, or participate in the Service.
PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS.
IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE APPLICATION.
i. Notices
Under this Agreement, you consent to receive communications from AKA electronically. AKA will communicate with you by e-mail or posting notices on the Website or the Application. You agree that all agreements, notices, disclosures, and other communications that AKA provides to you electronically satisfy any legal requirement that such communications be in writing. Except as provided herein, all notices and communications to AKA shall be in writing and shall be deemed to have been duly given or made:
● with delivery by hand, when delivered
● with certified or registered mail, postage prepaid
● or with delivery by internationally recognized overnight courier.
Notices to AKA shall be sent to 9th Floor, 100, Cheonggyecheon-ro, Jung-gu, Seoul, Republic of Korea, 04542.
ii. Complete Agreement.
This Agreement contains the entire understanding between the parties and supersedes, replaces, and takes precedence over any prior understanding or oral or written agreement between the parties respecting the subject matter of this Agreement. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties relating to the subject matter of this Agreement that are not fully expressed herein.
iii. Severability.
In the event any provision of this Agreement shall be held invalid, the same shall not invalidate or otherwise affect in any respect any other term or terms of this Agreement, which term or terms shall remain in full force and effect.
iv. Transfer and Assignment.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by AKA without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. The terms of this Agreement bind and are inure to the benefit of each party and the party’s successors and permitted assigns.
v. Non-Waiver.
No delay or omission by AKA in exercising any right under this Agreement shall operate as a waiver of that or any other right. A waiver or consent given by AKA on any occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion.
vi. Headings.
The headings and other captions in this Agreement are included solely for convenience of reference and will not control the meaning and interpretation of any provision of this Agreement.
vii. Contact Us.
Please contact us at info@akaintelligence.com with any questions regarding this Agreement.
2. Description of Application and Service
The Service allows users to access and use various mental health care services, including therapy or activities. AKA may, at its sole discretion and at any time, update, change, suspend, make improvements to, or discontinue any Service aspect, temporarily or permanently.
3.Registration and General Content
i.Registration
In connection with registering for and using the Service, you agree:
● to provide accurate, current, and complete information about you and/or your organization as requested by AKA
● to maintain the confidentiality of your password and other information related to the security of your account
● to maintain and promptly update any registration information you provide to AKA, to keep such information accurate, current, and complete
● to be fully responsible for all use of your account and for any actions that take place through your account
ii. General Content
As a condition of submitting any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Service (“Content”), you hereby grant to AKA a royalty-free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such content into other works; sublicense through multiple tiers the content, and acknowledge that this license cannot be terminated by you once your content is submitted to the Service. You represent that you own or have secured all legal rights necessary for the content submitted by you to be used by you, AKA, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the content and that neither they nor AKA have any obligation to you or anyone else to maintain the confidentiality of the content.
4.Rules and Prohibitions
You may not:
● access or use the Application for any purpose that is unlawful or prohibited by this Agreement
● use the Application in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use of the Application
● intentionally interfere with or damage the operation of the Application, or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code
● remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Application, features that prevent or restrict the use or copying of any content accessible through the Application, or features that enforce limitations on the use of the Application
● attempt to gain unauthorized access to the Application, or any part of it, other accounts, computer systems, or networks connected to the Application, or any part of it, through hacking, password mining, or any other means, or interfere or attempt to interfere with the proper working of the Application or any activities conducted on the Application
● obtain or attempt to obtain any materials or information through any means not intentionally made available through the Application
● use any robot, spider, scraper, or other automated means to access the Application for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Application
● utilize any trademark, logo, or other AKA materials without our express written consent
● modify the Application in any manner or form, or use modified versions of the Application, including (without limitation) for obtaining unauthorized access to the Application
● create more than one account, use another person’s account without authorization, impersonate any person or entity; or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Application
● in any way violate any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights
● engage in conduct or post content that is libelous, defamatory, abusive, threatening, harassing, hateful, obscene, offensive, humiliating to other people (publicly or otherwise), or otherwise violates any law or right of AKA or any third party
● share other people's private or personally identifiable information without their express authorization and permission
● attempt to undertake any of the foregoing indirectly.
You further agree to only engage in Sessions for the sole purpose of your mental health care at your own risk.
5. Inappropriate Use
You will not upload, display, or otherwise provide on or through the Service any content that:
● is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity, or other personal or proprietary rights)
● or in AKA’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose AKA or its users to any harm or liability of any kind.
6. Indemnification of AKA
You agree to indemnify and hold harmless AKA, its affiliated companies, suppliers, licensors, and partners from any claims, losses, damages, or liabilities, including attorney’s fees, arising out of your use or misuse of the Application, violation of the rights of any other person or entity, or any breach of this Agreement.
AKA reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
7. License to Application
Subject to these Terms and Conditions, AKA grants you a non-transferable, non-exclusive license to download, install, and use one copy of each Application in object code form only on an interactive wireless device you own or control. You may not derive or attempt to derive the source code of all or any portion of any Application, permit any third party to derive or attempt to derive such source code or reverse engineer, decompile, disassemble, or translate any Application or any part thereof. AKA and its licensors own and shall retain all intellectual property rights and other rights in and to the Application and any changes, modifications, or corrections thereto.
i. Apple iOS.
If you access our Application using a mobile application that you download, access, and/or use and that runs on Apple’s iOS operating system (an “iOS App”), you acknowledge and agree that:
● the iOS App may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system
● the terms of this Agreement are between you and AKA, and not with Apple
● Apple has no obligation at all to provide any support or maintenance services in relation to the iOS App, and if you have any maintenance or support questions about the iOS App, please contact AKA, not Apple
● except as otherwise expressly outlined in this Agreement, any claims relating to the possession or use of the iOS App are between you and AKA (and not between you, or anyone else, and Apple)
● in the event of any claim by a third party that your possession or use (by this Agreement) of the iOS App infringes any intellectual property rights, Apple will not be responsible or liable to you for that claim
● although this Agreement is entered between you and AKA (and not Apple), Apple, as a third-party beneficiary under this Agreement, will have the right to enforce these terms against you.
In addition, you represent and warrant that:
● you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country
● you are not listed on any United States Government list of prohibited or restricted parties
● if the iOS App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the iOS App (if any) to you. Subject to that, and the maximum extent permitted by law, Apple does not give or enter into any warranty, condition, or other term about the iOS App and will not be liable to you for any claims, losses, costs, or expenses of whatever nature about the iOS App or as a result of you or anyone else using the iOS App or relying on any of its content.
ii. Google App.
If you access our Application on a mobile application that you download, access, and/or use from the Google Play Store (“Google-Sourced Software”):
● you acknowledge that this Agreement is between you and AKA only and not with Google, Inc. (“Google”)
● your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service
● Google is only a provider of the Google Play Store, where you obtained the Google-Sourced Software
● AKA, and not Google, is solely responsible for its Google-Sourced Software
● Google has no obligation or liability to you concerning Google-Sourced Software or this Agreement
● you acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to AKA’s Google-Sourced Software.
8. In-App Purchases
In the Service, you may purchase a limited, personal, non-transferable, non-sublicensable, revocable license to the Contents solely for use through the subscription purchase. If you purchase an auto-renewing periodic subscription through the Service, your account will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, your subscription will automatically renew. If you do not wish your subscription to renew automatically or want to change or terminate your subscription, you will need to log in to your account and follow the instructions to terminate or change your subscription, even if you have deleted your account.
You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. All information you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions, or other monetary transaction interactions.
AKA may manage, regulate, control, modify, or eliminate Contents at any time, with or without notice. AKA may update the pricing of subscriptions at any time at its sole discretion and add new Virtual Items for additional fees. AKA shall have no liability to you or any third party if AKA exercises any such rights.
The transfer of subscriptions is prohibited in the Service. You shall not sell, redeem or otherwise transfer subscriptions to any person or entity, including but not limited to the Company, another user, or any third party.
9. Payment Processors
Third parties will process all financial transactions made in connection with the Service in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third parties. In no event will AKA be responsible for the actions or inactions of any third-party payment processor, including, but not limited to, system downtime or payment service outages.
10. Refund Policy
Suppose AKA suspends or terminates your use of the Service or these Terms and Conditions, or you close your account voluntarily. In that case, you understand and agree that you will receive no refund or exchange of any kind, including for any Content or data associated with your use of the Service or for anything else.
11.NO REPRESENTATIONS OR WARRANTIES BY AKA
THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES, AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY, AND RIGHTS GRANTED OR PROVIDED TO YOU BY AKA ARE PROVIDED TO YOU ON AN “AS IS” BASIS. AKA AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING, AKA DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
12. LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY
IN NO EVENT WILL AKA BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO ANY RELATED DEVICES OR OTHER PROPERTY, EVEN IF AKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AKA’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO AKA FOR THE SERVICE IN THE 12 MONTHS BEFORE THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
13. Termination
AKA may terminate your access and use of the Service immediately at any time, for any reason, and at such time, you will have no further right to use the Service. You may terminate your account anytime by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of AKA’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
14. Proprietary Rights in Content
All content available through the Service, including designs, text, graphics, images, information, software, audio, and other files, and their selection and arrangement, are the proprietary property of AKA or its licensors. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use data mining, robots, scraping, or similar data gathering or extraction methods to obtain content. As between you and AKA, all data, information, and materials generated from your access and use of the educational activities made available on or through the Service shall be exclusively owned by AKA, and you shall not have any right to use such materials except as expressly authorized by these Terms and Conditions. All rights of AKA or its licensors not explicitly granted in these Terms and Conditions are reserved to AKA and its licensors.
15. Trademarks
“AKA” and all other trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or service marks of AKA or their respective owners, and certain of them are registered with the United States Patent and Trademark Office. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the AKA name or any AKA or third-party trademarks, service marks, graphics, or logos.
16. Privacy
Use of the Service is also governed by our Privacy Policy, a copy of which is located at Privacy Policy. By using the Service, you consent to the terms of the Privacy Policy.
17. Promotion Code Terms
AKA Promotion Codes (each a “Promotional Code”) are made available by AKA (either directly or through a partner) subject to the Terms and Conditions. Each Promotional Code is made available in connection with the form of an auto-renewing periodic subscription (as defined in the Terms and Conditions).
i.The Promotional Code.
Each Promotional Code provides access to content:
● at the price advertised
● beginning the moment that you confirm your acceptance of the Promotional Code by submitting valid payment details that are accepted by AKA (the “Promotional Period”)
● in some circumstances, subject to an overall limit of allowed redemptions of that Promotional Code.
By submitting your payment details, you:
● confirm your acceptance of the Promotional Code advertised
● accept and agree to these Promotional Code Terms
● acknowledge and agree to the Terms and Conditions.
ii. Eligibility.
To be eligible for a Promotional Code, users must satisfy all of the following conditions (each an “Eligible User”):
● Unless you subscribe to a Promotional Code that is advertised as available to current subscribers, you must not be a current subscriber.
● Provide AKA with a valid and current payment method approved by AKA.
● Additional eligibility requirements (if any) as advertised from time to time in connection with a Promotional Code.
Eligible Users may accept a Promotional Code once - previous users may not redeem the offer again.
iii. Availability.
A Promotional Code must be accepted before the applicable expiration date advertised, if any. Except where law prohibits, AKA reserves the right to modify, suspend, or terminate a Promotional Code at any time and for any reason, in which case we will not honor subsequent Promotional Code enrollments.
iv. Duration and cancellation.
Unless you cancel your subscription before the end of the Promotional Period, you will automatically become a recurring subscriber, and your subscription will continue to renew automatically unless you cancel before the end of the relevant subscription term pursuant to AKA’s terms and conditions. The payment method you provided will automatically be charged for the then-current subscription price. You will lose access to the content if you cancel during the Promotional Period. You understand and agree that you will receive no refund or exchange of any kind, including for any Content or data associated with your use of the Service or anything else.
18. Arbitration and Class Action Waiver
i. Arbitration.
These Terms and Conditions, its subject matter and AKA’s and your respective rights under these Terms and Conditions, as well as any claim, cause of action, or dispute (“claim”) arising out of or related to these Terms and Conditions, shall be governed by and construed under the laws of the Republic of Korea, excluding the conflict of law provisions of that or any other jurisdiction, regardless of your country of origin or where you access the Service. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, INSTEAD OF A COURT OR JURY TRIAL, except for AKA’s right to seek injunctive relief as set forth below. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.
Except as explicitly stated otherwise in this Arbitration and Class Action Waiver section, this arbitration agreement requires the arbitration of any claims that AKA or you may have against the other or against any of their:
● officers, directors, employees, subcontractors, or agents in their capacity as such or otherwise,
● direct or indirect parents and subsidiaries,
● affiliates, agents, successors, or assigns, each and all of which may enforce this arbitration agreement as direct or third-party beneficiaries.
If you intend to seek arbitration, you must first send AKA a written notice of your intent to arbitrate (“Notice”). Any of the following means should send the Notice to AKA:
● electronic mail to info@akaintelligence.com
● Send the Notice by the Postal Service to AKA, Inc. (Attention: 17th Floor, 9th Floor, 100, Cheonggyecheon-ro, Jung-gu, Seoul, Republic of Korea, 04542.)
The notice must
● describe the nature and basis of the claim or dispute
● set forth the specific relief sought
● set forth your name, address, and contact information
If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you.
ii. No Class Action.
To the fullest extent permitted by applicable law, YOU AND AKA EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If, for any reason, a claim proceeds in court rather than in arbitration, YOU AND AKA EACH WAIVE ANY RIGHT TO A JURY TRIAL. Suppose a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable. In that case, you and AKA agree that all claims arising out of or related to these Terms and Conditions must be resolved exclusively by a state or federal court located in South Korea. You and AKA each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating all such claims. Notwithstanding the above, you agree that AKA shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
iii. 30-Day Right to Opt-Out
If you do not want to arbitrate disputes with AKA and are an individual, you may opt out of this arbitration agreement by emailing info@akaintelligence.com within 30 days of the day you first access or use the Service. If you opt out of these arbitration provisions, AKA also will not be bound by them.
iv. Changes to This Section.
AKA will provide thirty (30) days' notice of any changes affecting the substance of this section by posting on the Application, Website or otherwise notifying you when you are logged into your account. Amendments affecting the substance of this section will become effective thirty (30) days after they are posted on the Application or sent to you. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. Suppose a court or arbitrator decides this subsection on "Changes to This Section" is not enforceable or valid. In that case, this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Application.
v. Survival.
This arbitration agreement survives after the termination of this Agreement and/or after you cease any relationship with AKA.
19. Language
This agreement was originally written in English (US). To the extent that any translated version of this agreement conflicts with the English version, the English version controls.
20 . Miscellaneous
These Terms and Conditions constitute the entire agreement between AKA and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by AKA or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. AKA may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and inure to the benefit of AKA and you, and AKA's and your respective successors and permitted assigns.
Last revised on Nov 17, 2023