General Business Account Terms of Service

Effective Date: April 15, 2024

1. Introduction

1.1 Welcome to the a-OK Business Account Program

Thank you for choosing to become a part of a-OK, a platform where acts of kindness and gratitude are not just celebrated but are a way of life. As the creators of a-OK, we are on a mission to connect people, communities, and businesses through simple yet meaningful acts of kindness, symbolized by the sharing of a cup of coffee or tea. This document outlines the Terms of Service (“Terms”) that govern the relationship between a-OK Inc. (“a-OK”, “we”, “us”, or “our”) and your business entity (“Business Account”, “you”, or “your”) as part of our a-OK Business Account Program (the “Program”).

By registering for and using your Business Account on the a-OK platform, you are entering into a legally binding agreement with a-OK based on the terms outlined herein. These Terms are designed to ensure a harmonious and productive interaction between your business, our platform, and the vibrant community of users who are looking to spread kindness and appreciation in everyday life.

1.2 Acceptance of Terms

By creating a Business Account and participating in the Program, you affirmatively accept all the conditions outlined in these Terms. If you do not agree to these Terms in their entirety, you must not proceed with the account creation process or participate in the Program. It is important that you read these Terms carefully, as they outline your legal rights and obligations with respect to your use of the a-OK platform and participation in the Program.

We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Business Account after any such changes indicates your acceptance of the new Terms. Therefore, we encourage you to review the Terms periodically for any updates or changes.

Welcome aboard the a-OK journey! Together, let’s make the world a kinder and more connected place, one cup at a time.

2. Account Setup and Requirements

2.1 Eligibility Criteria

To participate in the a-OK Business Account Program and leverage our platform to connect with a broader audience through acts of kindness, your business must:

• Be a legally registered entity in accordance with the laws and regulations of the jurisdiction in which it operates.
• Agree to abide by all the terms and conditions set forth in this agreement, along with any other operational guidelines provided by anka EK LLC.
• Demonstrate a commitment to the core values of a-OK, including fostering kindness, gratitude, and a community spirit through your business practices and interactions on the platform.

2.2 Account Registration Process

Creating a Business Account on the a-OK platform involves the following steps:

1. Submission of Information: Provide detailed information about your business, including but not limited to, your legal business name, type of business, location(s), and contact details.
2. Verification: Complete the verification process, which may include submitting documentation to verify your business’s legal status and your authority to act on behalf of the business.
3. Account Activation: Follow the steps for account activation as communicated by a-OK, which may include agreeing to additional operational guidelines specific to the services or features you wish to use.

2.3  Account Security

You are solely responsible for maintaining the confidentiality and security of your Business Account login credentials. This includes taking reasonable steps to prevent unauthorized access to or use of your account. You agree to:

• Notify a-OK promptly of any unauthorized use of your account or any other breach of security.
• Ensure that you exit from your account at the end of each session to prevent unauthorized access.
• Use strong passwords and regularly update them to enhance account security.

2.4 Compliance with Operational Guidelines

In addition to these Terms, your use of the a-OK platform and participation in the Program may be subject to additional operational guidelines provided by a-OK. These guidelines may include, but are not limited to, best practices for engaging with the a-OK community, specifics on offer redemption processes, and guidelines for promotional activities. By accepting these Terms, you agree to comply with all such operational guidelines as part of your participation in the Program.

2.5 Modification of Business Information

You are responsible for ensuring that the information associated with your Business Account is accurate and up-to-date. This includes promptly updating your account to reflect any changes to your business name, location, contact information, or any other pertinent details. Failure to maintain accurate information may result in suspension or termination of your account.

3. Use of the Platform

3.1 General Use

• As a member of the a-OK business community, your use of the platform is geared towards promoting acts of kindness through your business operations. This includes creating offers, interacting with users, and participating in community activities that align with a-OK’s mission to connect people, communities, and businesses in heartwarming, sensible, and meaningful ways.
• Content Creation: You are encouraged to create content that promotes kindness and gratitude. This can include offers, stories, and posts that align with a-OK’s vision of spreading positivity.
• Community Engagement: Engage with the platform’s users in a respectful and constructive manner. Encourage and participate in acts of kindness, sharing, and gratitude within the community.

3.2 Prohibited Activities

To maintain a positive and safe environment for all users, certain activities are strictly prohibited on the a-OK platform. These include, but are not limited to:

• Misrepresentation: Providing false or misleading information about your business, its offers, or its intentions.
• Inappropriate Content: Posting content that is offensive, threatening, defamatory, or otherwise harmful to others.
• Spamming: Sending unsolicited offers or messages, especially those that do not align with the ethos of kindness and generosity.
• Manipulation of Services: Attempting to manipulate the platform’s features or functionalities for unfair advantage or purposes contrary to the platform’s mission.
• Unauthorized Use: Accessing or using the platform for any illegal or unauthorized purpose, including the infringement of intellectual property rights.

3.3 Compliance with Guidelines and Policies

• Your participation in the a-OK Program is subject to adherence to all platform guidelines, policies, and operational instructions provided by a-OK, including, but not limited to:
• Marketing and Promotion Policies: Any marketing or promotional activities involving a-OK or its brand elements must comply with the provided brand guidelines and receive prior approval from a-OK.
• Privacy and Data Protection: Handle all personal data obtained through the platform in accordance with applicable data protection laws and a-OK’s Privacy Policy, ensuring the privacy and security of user information.

3.4 Feedback and Improvement

a-OK values your feedback and suggestions for improving the platform and its services. You are encouraged to provide constructive feedback that supports the mission of a-OK and enhances the community experience. a-OK reserves the right to implement changes based on received feedback at its discretion.

4. Financial Terms

4.1 Fees and Payments

Business accounts on the a-OK platform are structured to foster a community of giving and gratitude, with certain financial terms applying to facilitate these interactions:

• Service Fees: While a-OK aims to keep the platform accessible, specific services or features may be subject to fees. Any applicable fees will be clearly communicated to business accounts ahead of time.These fees are subject to change and reflected in the a-OK application itself. The Business Accounts will be notified about the price changes in specific cases via notification and email. 
• Payment Processing: a-OK uses secure, third-party payment processors for financial transactions. Business accounts must agree to these processors’ terms of service and are responsible for any transaction fees they may impose.
• Revenue Sharing: For certain promotional activities or offerings, a-OK may enter into revenue-sharing agreements with business accounts. Details of these agreements, including percentage shares and payment schedules, will be negotiated on a case-by-case basis and documented in separate agreements. a-OK reserves the right to create automated models to create revenue-sharing models to facilitate revenue sharing requests. 

4.2 Refunds and Disputes

• Maintaining the trust and satisfaction of the a-OK community is paramount. As such, business accounts are expected to handle refunds and disputes according to these principles:
• Refund Policy: Business accounts should establish clear refund policies for their offers on the a-OK platform. These policies must be communicated to users at the time of purchase.
• Dispute Resolution: In the event of a dispute related to a transaction or offer redemption, business accounts are required to work collaboratively with a-OK and the user to reach a fair resolution. a-OK reserves the right to mediate disputes and make final decisions in the interest of community trust and satisfaction.

4.3 Taxes

• Business accounts are solely responsible for determining and paying any taxes resulting from their use of the a-OK platform:
• Tax Liability: All taxes applicable to income earned, transactions made, or any other activity conducted through the a-OK platform fall under the responsibility of the business account.
• Reporting and Compliance: Business accounts must comply with all relevant tax laws and regulations, including reporting income and remitting taxes to the appropriate tax authorities. a-OK will provide necessary documentation for tax purposes upon request.

5. Responsibilities of Business Accounts

5.1 Quality of Offers

• Business Accounts are entrusted with creating and presenting offers that not only appeal to the a-OK community but also embody the spirit of kindness and gratitude that is central to the a-OK mission.
• Accuracy and Honesty: All offers must be described accurately, and all terms associated with the offer must be clearly disclosed to the users.
• Value and Relevance: Offers should provide genuine value to the recipients and be relevant to the ethos of a-OK, fostering connections and positive experiences.

5.2 Marketing and Promotion

While promoting their association with a-OK and their presence on the platform, Business Accounts are expected to adhere to the following guidelines:

• Brand Alignment: All marketing and promotional activities should reflect the values of kindness, gratitude, and community that a-OK stands for.
• Use of a-OK Branding: Any use of a-OK logos, trademarks, or other brand elements must comply with a-OK’s brand guidelines and require prior approval from a-OK.
• Promotional Materials: Business Accounts are encouraged to use promotional materials provided by a-OK, ensuring consistency in messaging and branding across the platform.

5.3  Data Protection and Privacy

In their interactions on the a-OK platform, Business Accounts must prioritize the privacy and security of user data:

• Compliance with Laws: Adhere to all applicable data protection laws, ensuring that user information is collected, processed, stored, and shared in a lawful manner.
• Security Measures: Implement appropriate security measures to protect user data from unauthorized access, disclosure, alteration, or destruction.
• User Consent: Ensure that clear consent is obtained from users for the collection and use of their data, especially for marketing purposes.

5.4 Training and Compliance

Business Accounts must ensure that their staff is adequately trained and informed about their partnership with a-OK and the platform’s operational practices:

• Understanding of Terms: Employees should be familiar with these Terms of Service and any other operational guidelines provided by a-OK.
• Customer Interaction: Staff should be trained to interact with a-OK users in a manner that is consistent with the values of a-OK, ensuring a positive and respectful engagement.

5.5 Feedback and Continuous Improvement

a-OK thrives on the feedback from its community, including Business Accounts, to continuously improve the platform:

• Constructive Feedback: Business Accounts are encouraged to provide constructive feedback on their experience with the platform, suggesting areas for improvement.
• Collaboration on Enhancements: Business Accounts can engage with a-OK in discussions about potential enhancements to the platform or the partnership model to better serve the community via a-ok Support. 

6. Compliance and Legal Obligations

6.1 Legal Compliance

Business Accounts must conduct their operations on the a-OK platform in strict compliance with all applicable laws, regulations, and guidelines. This encompasses, but is not limited to, adherence to:

• Consumer Protection Laws: Ensuring all transactions, marketing practices, and customer engagements comply with relevant consumer protection regulations.
• Health and Safety Standards: Meeting all health and safety standards applicable to your business operations, especially if offering consumable products.
• Intellectual Property Laws: Respecting the intellectual property rights of others, including copyright and trademark laws.

6.2 Indemnification

Business Accounts agree to indemnify and hold harmless a-OK Inc., its affiliates, officers, agents, and employees from any claim, demand, loss, liability, or expense arising out of:

• The Business Account’s breach of these Terms of Service.
• The violation of laws, regulations, or third-party rights by the Business Account.
• Any dispute or litigation caused by the Business Account’s actions or offerings on the platform.

6.3 Health and Safety Standards

Business Accounts, especially those offering consumable products, are expected to maintain the highest level of health and safety in their operations:

• Product Safety: Ensure all products offered through the platform meet safety standards and are safe for consumer use.
• Premises Safety: Maintain a safe environment at any physical locations associated with your a-OK offerings.

6.4 Product Standards

All products and services offered by Business Accounts on the a-OK platform must consistently meet quality standards that ensure customer satisfaction and align with a-OK’s mission:

• Consistency: Deliver products and services that are consistent in quality with those offered to non-a-OK customers.
• Representation: Accurately represent products and services in offers, without exaggeration or false claims.

6.5 Environmental and Social Responsibility

a-OK encourages Business Accounts to adopt environmentally sustainable and socially responsible practices in their operations:

• Sustainability Practices: Implement measures that reduce your environmental impact and promote sustainability.
• Community Engagement: Actively engage in community service and initiatives that contribute positively to societal well-being.

6.6 Reporting and Record-Keeping

Maintain accurate records related to your participation in the a-OK platform, including:

• Transaction Records: Keep detailed records of all transactions made through the a-OK platform.
• Compliance Documentation: Retain documentation that demonstrates compliance with these Terms and all applicable laws and regulations.

6.7 Changes to Legal and Compliance Requirements

a-OK reserves the right to modify these compliance and legal obligations as necessary to adapt to changes in laws, regulations, or operational needs. Business Accounts will be notified of significant changes and are expected to comply with the updated requirements.

7.Term and Termination

7.1 Duration of Agreement

This agreement is effective upon the acceptance of these Terms of Service by the Business Account and will remain in effect until terminated by either party. The ongoing participation of a Business Account on the a-OK platform is contingent upon compliance with these Terms and the overall objectives of the a-OK community.

7.2 Termination by Business Account

A Business Account may terminate this agreement at any time for any reason. The Business Account must settle any outstanding obligations prior to the termination becoming effective.

7.3 Termination by a-OK

a-OK reserves the right to terminate this agreement or suspend a Business Account’s access to the platform immediately and without notice under the following circumstances:

• Breach of these Terms of Service or any other agreement with a-OK.
• Conduct that could harm the reputation of a-OK or goes against the mission of promoting kindness and gratitude.
• Violation of applicable laws or regulations.
• Any other grounds that, in a-OK’s judgment, warrant such termination or suspension to protect the a-OK community or platform integrity.

a-OK may also terminate this agreement for any reason by providing thirty (30) days’ written notice to the Business Account.

7.4 Effects of Termination

Upon termination, the Business Account must cease all use of the platform and the a-OK branding, and all rights granted under this agreement will immediately terminate. The Business Account is required to fulfill any pending obligations to users or a-OK incurred prior to the termination date. This includes honoring valid offers that have been accepted by users but not yet redeemed.

7.5 Post-Termination Obligations

After termination, the Business Account must securely delete or return any confidential information or user data obtained through the a-OK platform, in compliance with applicable privacy laws and the data protection provisions outlined in these Terms of Service.

7.6 Survival of Certain Provisions

Notwithstanding the termination of this agreement, provisions of these Terms of Service that by their nature should survive termination will remain in effect, including, but not limited to, indemnification, confidentiality, and legal compliance obligations.

8. Dispute Resolution

8.1 General Principles

In fostering a community centered around kindness and gratitude, a-OK aims to resolve disputes amicably and efficiently. Business Accounts are encouraged to approach disagreements with a spirit of cooperation and mutual respect.

8.2 Notice of Dispute

Should a dispute arise between a Business Account and a-OK, or between a Business Account and another user, the disputing party must first notify the other party in writing, detailing:

• The nature of the dispute.
• The desired outcome.
• Any relevant documentation or evidence supporting their position.

This notice aims to inform the other party of the dispute and provide an opportunity to resolve the issue directly.

8.3 Negotiation

Upon receipt of a dispute notice, both parties agree to engage in good faith negotiations to attempt to resolve the dispute without the need for formal proceedings. This negotiation period should last no less than thirty (30) days from the date of the dispute notice, unless agreed otherwise. 

8.4 Mediation

If the dispute cannot be resolved through direct negotiations within the specified period, both parties agree to enter mediation. Mediation will be conducted by a mutually agreed-upon mediator, whose fees and costs shall be shared equally between the parties, unless otherwise agreed.

8.5 Binding Arbitration

Should mediation fail to resolve the dispute, either party may request that the dispute be moved to binding arbitration. The arbitration will be conducted under the rules of an agreed-upon arbitration body, with the following stipulations:

• The arbitration shall be conducted in the jurisdiction where a-OK is headquartered, unless both parties agree otherwise.
• The arbitrator’s decision will be final and binding on both parties, with no right to appeal.
• The costs of arbitration, including the arbitrator’s fees, administrative fees, and other expenses, will be borne as determined by the arbitrator.

8.6 Exceptions

Notwithstanding the above, both parties retain the right to seek injunctive relief from a court of competent jurisdiction in cases where such relief is necessary to prevent irreparable harm or to maintain the status quo pending the resolution of the dispute.

8.7 Governing Law

The dispute resolution process, including any arbitration proceedings, will be governed by the laws of the jurisdiction where a-OK is headquartered, without regard to its conflict of law provisions.

8.8 Confidentiality

All negotiations, mediations, and arbitration proceedings shall be conducted in confidentiality. Neither party shall disclose the existence, content, or outcome of any proceeding without the prior written consent of the other party, except as may be required by law or for the purposes of enforcement of the arbitration award.

9. General Provisions

9.1 Amendments

a-OK reserves the right to amend or update these Terms of Service at any time to reflect changes in the law, alterations to our platform, or adjustments required for operational efficiency. Business Accounts will be notified of any significant changes in advance, and continued participation in the Program following such changes will constitute acceptance of the new Terms.

9.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable, maintaining the intent of the original agreement as closely as possible.

9.3 Entire Agreement

These Terms, together with any other documents or policies referenced herein, constitute the entire agreement between a-OK and the Business Account regarding the subject matter herein and supersede all prior agreements and understandings, whether written or oral.

9.4 Waiver

No waiver of any terms or conditions of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. A party’s failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

9.5 Relationship of the Parties

The relationship between a-OK and Business Accounts is that of independent contractors. These Terms do not create a partnership, joint venture, employment, or agency relationship between a-OK and any Business Account.

9.6 Notices

Any notices or other communications required or permitted under these Terms shall be in writing and delivered by email, postal mail, or another reliable method to the address provided by each party for such purposes.

9.7 Assignment

Business Accounts may not assign or transfer their rights or obligations under these Terms without the prior written consent of a-OK. a-OK may assign its rights and obligations under these Terms to any affiliate or in connection with a merger, acquisition, reorganization, or sale of assets without restriction.

9.8 Force Majeure

Neither party shall be liable for failure or delay in performing its obligations due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

9.9 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which a-OK is located, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in that jurisdiction, and the parties hereby consent to personal jurisdiction and venue therein.

10. Contact Information

10.1 Support and Assistance

a-OK is dedicated to providing ongoing support and assistance to our Business Accounts to ensure a rewarding and effective partnership. If you have questions, need help, or require support related to your Business Account or the a-OK platform, please use the following channels:

• Email Support: For general inquiries, technical support, or specific questions about your Business Account, please email us at [[email protected]]. Our support team aims to respond to all inquiries within 48 hours.
• Phone Support: For urgent assistance, Business Accounts can contact our support team via phone at [Insert Phone Number]. Phone support is available during standard business hours, [Insert Timezone and Hours].
• FAQ and Help Center: We also encourage Business Accounts to visit our FAQ and Help Center at [Insert URL]. This resource provides answers to common questions and guides on using the a-OK platform effectively.

10.2 Feedback and Suggestions

Your feedback is invaluable to us in improving the a-OK platform and the services we offer. If you have suggestions, feedback, or ideas on how we can enhance the platform or our partnership, please share them with us via [[email protected]]. We are committed to continuous improvement and value your input in shaping the future of a-OK.

10.3 Physical and Postal Address

For official correspondence, legal notices, or if you prefer to contact us by mail, please use the following address:

anka EK LLC

[Insert Physical Address]

Flagstaff, AZ, 86004

Please include your Business Account name and contact information in any correspondence to ensure a prompt and accurate response.

Social Media and Online Presence

Stay connected with the a-OK community and up to date with the latest news, updates, and initiatives by following us on our social media platforms:

Facebook: a-OK: act of Kindness | Flagstaff AZ | Facebook

Twitter/X: https://twitter.com/aok45904024077

Instagram: a-OK: act of Kindness (@aok.actofkindness) • Instagram photos and videos

We encourage Business Accounts to engage with us online and join the broader conversation about kindness, gratitude, and the impact we can collectively make.