1. The Services and PAKA’s role
1.1. PAKA enables businesses to present offerings, interact with customers and leads, and manage sales and related operations through AI-assisted and automated tools. Offerings may include physical products, digital products, courses, subscriptions, appointments, group sessions and other services or deliverables, subject to supported functionality and applicable restrictions.
1.2. You are the seller and contracting party for your offerings. PAKA is not their seller, reseller or merchant of record and does not become a party to a customer transaction merely because its software generates content, facilitates checkout or performs an authorized action. You remain responsible for your business, customer contracts and fulfillment obligations.
1.3. Customer payments for your offerings are processed and settled by independent payment service providers. For those transactions, PAKA provides technical facilitation and does not itself hold customer sale proceeds, provide custody or supply regulated payment services under these Terms. Payment-provider arrangements, including settlement timing, reserves, deductions and refunds, govern the actual movement of funds; these Terms do not promise immediate or unconditional settlement to you. Payment for your purchase of PAKA’s own Services is a separate transaction governed by Section 6.
1.4. Available features depend on your account, selected services, territory, integrations and technical eligibility. Descriptions of optional functions apply only when those functions are made available and enabled. A roadmap, demonstration or preview is not a commitment to deliver a feature by a particular date.
1.5. Registering for a PAKA account does not itself complete payment-provider onboarding or authorize customer payment collection. Publishing an informational Canvas and enabling transactions may have different prerequisites. We may require complete business information, appropriate disclosures and policies, and any relevant provider approvals before activating particular functions. Provider onboarding may take one or more days and may take longer if additional checks are needed. Completing onboarding or a readiness check is not legal approval or certification of your business.
1.6. PAKA’s public website provides information about the Services. When you use that website in connection with your business account, the provisions on lawful use and intellectual property apply to the extent relevant. Merely browsing the website does not create a paid subscription, authorize billing, enroll you with a payment provider or make you a seller. These business Terms do not replace the terms between a Business and its customers. The Privacy Policy explains personal-data processing; acknowledging it is not blanket consent to optional marketing, tracking or other processing that requires a separate legal basis.
2. Accounts, eligibility and authorized users
2.1. The account owner must be at least 18, have legal capacity and be authorized to operate the business. You must provide accurate and current identity, business, contact and billing information and any information reasonably required to verify eligibility, ownership or lawful use.
2.2. You must accurately identify the seller to customers, including legal name, registration details where applicable, and usable contact details. We may display those details where needed for the operation of the Services, customer disclosures or transaction records.
2.3. You control the users invited to your account and their permissions. You are responsible for their use within the access you provide, including configuration changes, publication, purchases of services and instructions to agents. Remove access promptly when it is no longer appropriate and use available security controls.
2.4. Keep credentials and integration tokens secure. Notify us promptly of suspected unauthorized access and cooperate in containing it. Your responsibility for account use does not excuse PAKA’s own failure to meet its obligations under these Terms.
2.5. We may request reasonable evidence to resolve account ownership or authority disputes and temporarily restrict affected functions while the dispute is investigated. We will not transfer business data or control solely on an unverified assertion of ownership.
3. AI agents, instructions and automated actions
3.1. Agents may generate text, voice, media and layouts; answer questions; present and recommend offerings; and perform supported business actions. Actions may include applying conditional discounts within your permissions, creating orders, arranging bookings, handling cancellation or refund requests and updating records.
3.2. You authorize PAKA to execute actions through the Services and enabled integrations in accordance with the settings, instructions, policies and permissions you approve. Approval may be given through Cockpit controls, supported text or voice instructions, or an authorized user. Where a confirmation step is presented, execution is subject to that confirmation. An instruction does not give PAKA a general power of attorney or authorize unrelated actions.
3.3. Standing permissions may allow an agent to act without seeking approval for each instance. You must review the scope of an automation before enabling it, including discount conditions, financial limits, publication permissions and escalation requirements. Changing or revoking permission applies prospectively and may not undo an action already completed or submitted to a third party.
3.4. You must supply accurate knowledge, descriptions, prices, availability and policies, test material configurations before use, and review activity and escalations with reasonable diligence. Keep a reachable human contact responsible for issues the agent cannot resolve. Instructions that conflict with mandatory law, platform restrictions or supported functionality will not override them.
3.5. AI output can be inaccurate, incomplete, misleading or unexpected. Generated legal templates, tax-related information and other professional content are assistance, not professional advice or confirmation of compliance. Review material generated content before adopting it as your business information or publishing it as a standing policy, description or commitment. For live customer interactions and authorized automations, establish appropriate limits and human escalation, monitor their operation with reasonable diligence and promptly correct known material errors. This does not require advance human approval of every interaction where you have properly authorized automated operation.
3.6. As between you and PAKA, commercial commitments properly made within your authorized configuration are made on your behalf. You remain responsible for addressing customer claims and mandatory rights even where an error occurs. This does not deem every incorrect or unauthorized output approved by you, or exclude PAKA’s responsibility for its own breach, subject to Section 15.
3.7. Do not present an AI agent as a human in a misleading way or remove required AI disclosures. You are responsible for additional disclosures or consents required for your use, including voice recording, transcription and automated communications. The Services must not be relied on for emergency response or autonomous decisions requiring a legally mandated human or licensed professional. An agent must not provide tailored advice that requires a professional license without the involvement of an appropriately licensed professional and any other safeguards required by applicable law and the disclosed policies for the enabled feature. Availability of a general-purpose AI function does not establish that it is suitable or authorized for a regulated use.
3.8. Activity records may help investigate actions but are not guaranteed to be a complete or permanent audit archive. Report a suspected material error promptly, preserve relevant evidence and take reasonable steps to prevent further harm. We will reasonably cooperate in investigating issues involving the Services.
3.9. Customer messages, imported documents, websites and other third-party content do not themselves authorize an agent to change your permissions, disclose private information, change payment destinations or depart from your approved policies. You must not deliberately use such content to bypass controls. You should promptly report suspected unauthorized instructions or actions; PAKA’s responsibility for its own controls remains subject to these Terms and the DPA.
4. Your offerings and customer relationship
4.1. You are responsible for the legality, safety, accuracy, quality and delivery of your offerings, all necessary licenses and consents, advertising claims, intellectual property rights and compliance in the territories you serve. Do not offer regulated services without the required authorization or represent that PAKA has verified your qualifications.
4.2. Before a customer commits, you must provide clear and accurate information about the seller, offering, total payable price and applicable charges, delivery or access, eligibility, renewal terms and cancellation rights. For digital content, courses and services, clearly describe what access or deliverables are included, their duration, material technical requirements and any scheduled performance. For subscriptions or recurring customer charges, obtain the necessary authorization and provide legally compliant renewal and cancellation arrangements. A description such as “lifetime access” must accurately state the commitment you can fulfill and must not imply that PAKA guarantees indefinite hosting.
4.3. Maintain accessible customer terms, a privacy notice, and appropriate cancellation, refund and fulfillment policies. PAKA’s templates or default policies require review for your business. Mandatory customer rights prevail over any contrary policy, workflow or system limitation.
4.4. You are responsible for inventory, scheduling, delivery, access permissions, customer support, returns and disputes. Verify transaction status before fulfillment. A conversation or automated statement is not proof that payment settled, a refund completed or a booking was confirmed by an external provider.
4.5. You are responsible for taxes, duties and legally required invoices or receipts relating to your sales. Integrations and calculations do not replace your accounting obligations or professional advice. Documents issued by PAKA or its reseller for your purchase of PAKA’s Services are separate from the documents required for your sales to customers.
4.6. If you serve minors, you must assess age restrictions, parental consent and child privacy requirements and configure your business accordingly. Do not use the Services to collect information from children where the necessary legal and technical arrangements are absent.
4.7. You are responsible for accessibility obligations relating to your offerings, Business Content, customer policies and configurations you control, including any required accessible alternatives and accessibility statement. Do not remove or disable accessibility features. PAKA remains responsible for its own applicable accessibility obligations for the Services and components it controls. An automated check, generated statement or template is not a certification that your business or Canvas complies with every applicable requirement. Notify us of an accessibility issue involving a platform-controlled component so that it can be assessed.
5. Customer cancellations, refunds and disputes
5.1. You authorize supported cancellation and refund actions according to the applicable customer policy, your approved configuration and platform safeguards. Any platform-wide minimum commercial refund policy presented for your acceptance applies only to covered transactions and must be made available before those transactions; you may offer more generous rights. The policy disclosed for a sale governs that sale, subject always to mandatory law. A later policy change must not retrospectively reduce an existing customer’s rights. Do not treat a physical product, digital item, course, appointment or subscription as automatically subject to the same cancellation rules; applicable rights depend on the transaction and circumstances.
5.2. You may configure additional human approval for specified requests or all refund requests. Approval requirements do not remove an existing customer entitlement or extend a statutory deadline. You must monitor escalations and respond promptly. Any time-based fallback must be disclosed in the applicable configuration and may operate only within an already-authorized outcome; it does not override mandatory human handling.
5.3. Human handling is required where a shipped or delivered physical product must be returned; a chargeback, suspected fraud, unresolved identity issue or conflicting transaction data is involved; partial fulfillment prevents reliable calculation of the refundable amount; execution or reconciliation cannot be completed automatically; or entitlement under the policy or applicable law remains uncertain.
5.4. For physical returns, the agent may assist with eligibility, instructions and tracking, but a financial refund requiring return confirmation must await human confirmation that the requirement has been satisfied. An unshipped order or an expressly permitted refund without return may be automated. You must use a lawful alternative process where waiting would violate mandatory customer rights.
5.5. Escalation ordinarily means referral to you or your designated representative; it does not mean that PAKA provides a customer-service employee, legal decision or binding dispute resolution. You remain responsible for completing the case through a supported or lawful external process.
5.6. A chargeback is handled through the payment provider’s dispute process. You must avoid issuing a duplicate reimbursement, supply requested evidence and keep records of manual or off-platform adjustments. Refunds must not be marked completed until their execution is confirmed. A promised platform fee credit is not itself a refund to the customer.
5.7. You are responsible for funding refunds and amounts owed under your payment-provider agreement. A customer refund or chargeback affects PAKA’s own fees only as described in the applicable billing terms. Any credit for a disputed transaction relates only to the relevant PAKA fee component and does not reimburse sale proceeds, provider charges or other losses unless expressly agreed.
6. Fees, billing, cancellation and refunds
6.1. Applicable fees, chargeable features, commissions, subscriptions, usage units, credits, allowances, billing cycles and commercial adjustment rules are specified in the pricing or order terms presented to you when selecting or activating the relevant service (“Billing Terms”). Except for the introductory trial expressly described in Section 6.6, no particular price, commission rate or free entitlement is established by these Terms.
6.2. A feature or action is separately chargeable only if identified as chargeable in the applicable Billing Terms before activation or use. Your acceptance of a paid plan or standing authorization may cover subsequent usage within those terms. We will not impose a new category of charge retroactively.
6.3. Payments for PAKA’s own Services are collected through HYP for businesses in Israel and through Paddle for businesses outside Israel. HYP provides payment-processing and gateway services for PAKA’s charges; Paddle’s separate reseller role is described in Section 6.11. Where you provide a payment method for these charges, you authorize the relevant billing provider to retain a payment credential or token and charge that method for amounts properly due under the Billing Terms and checkout authorization you accept. A valid payment method may be required when activating a paid service if disclosed before activation. A merchant account connected to receive payments from your customers is separate from your authorization to pay for PAKA’s Services. Storing or validating a payment method does not by itself start paid service or authorize an undisclosed charge.
6.4. Sales-related fees are calculated and billed according to the applicable Billing Terms, including any calendar-month billing in arrears. Subscription renewals and other charges may follow their separately disclosed cycles. Third-party payment-processing and integration fees are separate unless expressly included.
6.5. A recurring paid service renews for the disclosed period until cancelled through the account controls or by contacting support where those controls are unavailable. Cancellation stops future renewals and takes effect as disclosed; merely ceasing to use the Services does not cancel a subscription. Downgrades and removal of paid seats take effect under the applicable Billing Terms.
6.6. The introductory trial is available across all service plans and ends when the earlier of the following occurs: 14 days have elapsed from the trial activation event disclosed at enrollment, or the account has used 2,500 trial credits. The enrollment offer must identify the activation event, the applicable credit-consumption rules, which functions are available during the trial, and what happens when either limit is reached. Unless expressly stated otherwise, a business may receive only one introductory trial and must not create duplicate accounts to obtain additional trials. Payment-provider onboarding is separate and its delays do not automatically extend the trial. Trial expiry or exhaustion does not by itself authorize a paid charge: any automatic conversion must be clearly disclosed and authorized in the accepted offer, with any notices required by law.
6.7. Usage credits are contractual service entitlements, not money, deposits or payment instruments. The Billing Terms must disclose their allocation, consumption basis, applicable reset or expiry period, and any rollover, additional-purchase or overage rules. They must also explain whether enabled automations consume credits and the effect of exhausting the available balance. An estimate of the number of tasks or outputs is not a guarantee where consumption varies by task. No automatic purchase or paid overage is authorized unless you have accepted the relevant charging arrangement. Credits are not redeemable for cash or transferable unless expressly provided or required by law. Changes affecting an existing paid entitlement remain subject to Sections 6.10, 12 and 17; this paragraph does not permit retroactive charges or removal of mandatory remedies.
6.8. Cancellation and Refund Policy. This policy applies to your purchase of PAKA’s Services, not to purchases your customers make from your business through Canvas. It must be read with the Billing Terms you accept. Nothing here limits mandatory legal rights, applicable rights under the Paddle Buyer Terms or Refund Policy, or more favorable rights expressly provided in your Billing Terms or these Terms.
(a) Cancellation. To stop future renewals, cancel through the account controls or contact PAKA if those controls are unavailable. The effective date and any remaining access follow Section 6.5 and your accepted Billing Terms. Merely stopping use does not cancel a subscription. For Paddle purchases, you may also use the subscription-management link in your confirmation email or https://paddle.net. Cancelling a subscription does not automatically refund an earlier charge, and amounts properly accrued remain payable.
(b) Refund entitlements. Except as required by law, expressly provided in the Billing Terms, stated in Sections 12 and 13, or applicable to a Paddle purchase under Section 6.11, fees for services already supplied are non-refundable. This does not restrict any applicable refund, cancellation or withdrawal right. Sections 12 and 13 preserve proportionate refunds of unused prepaid service where their conditions for a material service reduction, PAKA’s convenience termination or an uncured material breach by PAKA are met. Paddle may also consider discretionary refund requests under its applicable policy; a request does not itself guarantee approval.
(c) Credits and sales-related fees. Credit allocation, consumption, expiry, rollover and purchases follow Section 6.7 and the disclosed Billing Terms. Unused credits do not automatically create a cash balance or a separate money-back guarantee; applicable refund rights remain unaffected. A refund or chargeback on your customer’s purchase affects PAKA’s sales-related fees only as provided in the applicable Billing Terms under Section 5.7. A PAKA fee credit is not itself a refund of your customer’s purchase price.
(d) Requests and billing errors. For HYP-billed purchases, billing questions or product support, contact PAKA at info@paka.ai or +1 336-525-5915. For Paddle purchases, use the support link in your receipt or https://paddle.net; the applicable Paddle Buyer Terms and Refund Policy are linked in Section 6.11. Include your account email, transaction reference if available, charge date and a brief explanation, but do not send passwords, API keys or full payment-card details. Notify us promptly of a suspected billing error. We will investigate and correct confirmed errors; any agreed refund of a Paddle transaction will be arranged through Paddle rather than paid separately by PAKA. Approved refunds are processed through the relevant payment provider, subject to applicable statutory deadlines and payment-processing times.
6.9. Overdue amounts may lead to reasonable charge retries, notice and restriction or suspension of affected services. You remain liable for accrued amounts, but suspension is not a basis to charge for usage that did not occur. Where practicable, we will allow an opportunity to cure and provide notice of the expected effect on your Canvas and customer operations.
6.10. We will give at least 30 days’ notice of a material price increase for an existing recurring service, with an opportunity to cancel before it applies. Changes will not apply retrospectively or during an already-paid fixed term unless separately agreed. A temporary offer may expire as disclosed when accepted. Taxes will be charged where applicable and identified in the relevant billing documents.
6.11. For purchases of PAKA’s Services made through Paddle, the order process is conducted by our authorized online reseller Paddle.com, which acts as merchant of record for those purchases. The relevant Paddle entity is identified in its Buyer Terms and the transaction documentation. Paddle handles order-related payment inquiries and refund processing; PAKA remains responsible for the software, service delivery and product support under these Terms. Paddle’s Buyer Terms (https://www.paddle.com/legal/buyer-terms) and Refund Policy (https://www.paddle.com/legal/refund-policy) apply to your transaction with Paddle and must be made available before purchase. You may use the subscription-management link provided by Paddle or contact https://paddle.net for billing, cancellation and refund assistance. Nothing in these Terms reduces rights applicable to that transaction or PAKA’s express service commitments. Paddle’s reseller role does not extend to the offerings you sell to your own customers through Canvas.
7. Payment providers and other integrations
7.1. This Section concerns payments by your customers for your offerings, separately from HYP or Paddle billing for PAKA’s own Services under Section 6. Customer payment capability requires a supported payment-provider arrangement. For eligible Israeli businesses, PAKA facilitates merchant onboarding with PayMe through its partner arrangement. For eligible businesses outside Israel, supported Stripe functionality connects the Business’s own Stripe account using an API key supplied through the designated integration setup; these Terms do not establish a PAKA-operated Stripe Connect platform arrangement. Use only that setup to provide the key, grant only the access needed for enabled functions, and do not include it in ordinary agent conversations or public content. You must complete the applicable provider’s requirements and receive its approval before accepting payments through that arrangement. Verification, supported territories, currencies, payment methods and processing availability depend on the provider and the functions enabled for your account. PAKA does not guarantee approval, an onboarding completion date or the availability of a particular arrangement.
7.2. Before enabling a payment arrangement, the relevant provider and applicable terms must be identified and any required agreement accepted. You authorize the transfer of information and technical instructions necessary for onboarding and the functions you enable. These Terms do not authorize PAKA to accept undisclosed provider contracts for you.
7.3. Provider agreements govern processing, settlement, reserves, refunds, chargebacks, identity checks and provider fees. You must supply accurate information and comply with lawful provider requirements. You must not collect raw payment credentials through agent conversations or other fields not intended for payment collection.
7.4. Other integrations, including calendars, invoicing, communications and content services, may require separate accounts and terms. You authorize necessary data exchange for enabled functions and are responsible for the permissions you grant. Disconnecting an integration does not necessarily cancel your separate subscription with its provider.
7.5. Independent providers may change, suspend or discontinue their services. PAKA does not control or warrant their independent performance. This does not remove PAKA’s responsibility for its own integration obligations or for subprocessors engaged by PAKA under Schedule 1.
8. Privacy, customer data and communications
8.1. PAKA’s Privacy Policy explains processing for PAKA’s own purposes, including account administration, billing, security and legal compliance. For customer personal data processed on your instructions, you act as controller (or the equivalent role under applicable law) and PAKA acts as processor or holder, as applicable. Schedule 1 is the data processing addendum (“DPA”) and forms part of these Terms.
8.2. You must establish a lawful basis for collection, disclosure and use of customer data; provide required privacy notices; obtain necessary consents; and respond to individuals’ rights requests. PAKA remains responsible for its own applicable obligations. Neither party’s statutory role is determined solely by the label used in this agreement.
8.3. You must not intentionally submit sensitive or specially regulated data unless the relevant feature is expressly suitable and the required safeguards and agreements are in place. In particular, do not use ordinary prompts to store payment card security codes, authentication secrets or unnecessary identity documents. Minimize personal data in your knowledge base and prompts.
8.4. For messages, campaigns or calls made on your behalf, you are responsible for recipient eligibility, lawful content, consent or other legal permission, required sender identification and disclosures, and prompt honoring of objections and opt-outs. This includes Section 30A of Israel’s Communications Law (Telecommunications and Broadcasting), 5742-1982, where applicable, and relevant rules in recipient territories.
8.5. A person’s purchase or conversation with your agent is not automatically consent to unrelated marketing. You must maintain evidence of permission where required, distinguish service communications from marketing and not bypass suppression or channel restrictions. Available safeguards assist you but do not guarantee compliance or imply that a communication feature is currently offered.
8.6. Where recording, transcription, tracking technologies or advertising integrations are enabled, you must provide required notices and obtain any necessary consent before use. Do not enable unlawful surveillance, profiling or solely automated decisions that require protections the Services do not support.
9. Content, generated materials and intellectual property
9.1. You retain your rights in the materials you supply, including knowledge, prompts, product information, courses, text, images, audio and video (“Business Content”). You confirm that you have the rights and permissions needed for their upload, processing and intended use, including rights in music, testimonials, voices and likenesses.
9.2. You grant PAKA a non-exclusive, worldwide, royalty-free license to host, reproduce, process, format, adapt, display and transmit Business Content only as needed to supply, maintain and secure the Services for you, carry out your instructions and meet applicable law. Necessary service providers may exercise those rights for the same purposes, subject to appropriate restrictions. This license does not permit unrelated advertising use of your private content. After termination, the license continues only to the extent necessary for permitted export, deletion, protected backup retention or legally required retention under these Terms and the DPA. It does not authorize continued public display of a closed Canvas.
9.3. As between you and PAKA, and to the extent permitted by law, you own generated text and media created specifically for your account to the extent PAKA has transferable rights in them; PAKA assigns those rights to you. This does not transfer the underlying software, layout system, templates, fonts, stock media or other pre-existing third-party materials, or another person’s rights in their inputs or content. Any material restrictions on supplied third-party assets must be disclosed with the relevant asset or feature. To the extent needed to operate the Services, you grant PAKA the same limited rights in generated materials as in Section 9.2, subject to the same purpose and confidentiality limits.
9.4. AI-generated material may resemble other output and may not be protectable or exclusive. Review generated materials for accuracy, suitability and third-party rights before adopting or publishing them as standing business content. Live customer interactions and authorized automations are subject to the permissions, monitoring and escalation duties in Section 3.5. Exported generated materials may be used outside PAKA subject to applicable disclosed asset licenses; this does not include a right to export or reproduce PAKA’s proprietary platform or rendering system.
9.5. PAKA and its licensors retain all rights in the Services, software, interfaces, layout systems, technology and branding. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to use the Services for your business during your account term. Required platform attribution must remain unless your applicable service entitlement permits removal.
9.6. PAKA may use voluntary feedback to improve its products without compensation, but this does not permit disclosure of your confidential information or use of personal data contrary to Section 10 or the DPA. Your public business name, logo or customer story will not be used as a marketing endorsement without your permission.
10. Confidentiality and use of data for improvement
10.1. Each party must protect the other’s non-public business information using reasonable care, use it only to perform or enforce this agreement, and disclose it only to personnel, professional advisers and providers who need it for that purpose and are bound by appropriate confidentiality duties. This obligation does not cover information lawfully public, already lawfully known without a duty of confidentiality, independently developed without use of the other party’s confidential information, or lawfully received without restriction.
10.2. A party may disclose confidential information when legally required, limiting disclosure where possible and notifying the other party unless prohibited. Business Content you intentionally publish through a Canvas is not confidential to that extent; underlying private data does not become public merely because it supports an agent.
10.3. PAKA may use genuinely anonymized and aggregated operational information to analyze and improve its services where individuals and your confidential business information cannot reasonably be identified. PAKA will not attempt to re-identify it.
10.4. These Terms do not grant permission to train general-purpose AI models on your non-public Business Content or customer personal data. Any such use requires a separate, specific opt-in from an authorized person and the necessary legal basis for affected individuals. Processing by model providers to deliver your enabled AI functions remains subject to the DPA and applicable service-provider restrictions.
11. Prohibited use and enforcement
11.1. You must not use the Services for illegal, fraudulent, deceptive, discriminatory or infringing activity; hateful abuse, harassment or exploitation; malware; child sexual exploitation; non-consensual intimate content, including sexual deepfakes; doxxing or malicious disclosure of private personal information; prohibited sexual services or content; illegal drugs; weapons; unlawful gambling; counterfeit products; pyramid schemes; or regulated activities for which you lack authorization. For each enabled feature, you must also comply with applicable third-party provider use restrictions identified and made available by PAKA before activation. Changes to those restrictions are subject to Sections 12 and 17, including their provisions for urgent legal, security or provider requirements. Provider restrictions do not reduce PAKA’s obligations under these Terms or the DPA.
11.2. Do not compromise security, access other users’ data, bypass permissions or billing controls, manipulate transaction attribution to evade fees properly due, send unlawful communications, or attempt to jailbreak or otherwise bypass AI safeguards to obtain prohibited content, unauthorized data or unauthorized actions.
11.3. Do not copy, reverse engineer or extract proprietary components, systematically scrape the Services or use them to reproduce the platform, except where mandatory law expressly permits an activity despite this restriction. Ordinary export of your own data through supported means is permitted.
11.4. We may investigate reasonably suspected misuse, request relevant information, restrict affected actions or remove unlawful or infringing material. We will act proportionately and provide a reason and a means to contact us where lawful and practicable. PAKA is not obliged to pre-screen all content or monitor every customer interaction.
11.5. Rights holders may submit a substantiated complaint through our contact channels identifying the protected material, its location in the Services, their authority and contact details. We may seek a response and take action required by applicable law.
11.6. You must comply with sanctions, export-control and trade restrictions applicable to your use of the Services and must not use, export, re-export or make the Services available where doing so is prohibited by those rules. You must not conceal relevant identity, ownership, location or intended use to evade a restriction. Applicable provider-specific country, user and end-use restrictions must also be observed when disclosed for the enabled feature under Section 11.1. We may request reasonable information needed to assess compliance and restrict affected access under Section 13 where legally required or where the relevant provider is prohibited from supporting that use.
12. Service standards and changes
12.1. We will provide the Services with reasonable care and skill and use reasonable efforts to maintain their operation and security. We do not promise uninterrupted or error-free availability, a particular commercial result, or a service-level agreement unless separately agreed in writing.
12.2. Maintenance, connectivity issues and third-party outages may affect availability. You should maintain suitable copies of essential business records and arrangements to meet customer obligations during interruptions. This does not reduce PAKA’s obligations to protect data or assist with recovery under the DPA.
12.3. We may update the Services. Where a planned change materially reduces core functionality you actively use, we will give reasonable advance notice, ordinarily at least 30 days. If the change materially impairs an already-paid service and no reasonably equivalent alternative is provided, you may terminate that affected service and receive a proportionate refund of prepaid fees for its unused period.
12.4. Urgent changes may be needed for security, law or provider requirements, in which case notice will be given as soon as practicable. Beta and preview features may change or end and are not guaranteed for production use. You are not required to rely on a beta feature for essential customer obligations.
13. Suspension, cancellation and termination
13.1. You may stop using the Services and close your account at any time. Cancellation of a particular paid service and its financial effect are governed by Section 6. Closing the account does not discharge accrued fees, customer obligations or separate provider contracts.
13.2. We may suspend or terminate for material breach, unlawful activity, a serious security risk, provider restrictions affecting the service or non-payment. Where the issue can reasonably be cured without ongoing harm, we will provide notice and a reasonable opportunity to cure. Immediate restrictions may be imposed where necessary to prevent harm or comply with law.
13.3. We may terminate for convenience on at least 30 days’ notice. If we terminate for convenience, or you terminate for our material breach that remains uncured after reasonable written notice, we will refund prepaid fees attributable to the unused service period. Lawful accrued charges remain payable.
13.4. On closure or termination, the affected Canvas may be unpublished and agents, transactions, integrations and customer access may stop. You must make alternative arrangements for outstanding orders, subscriptions, access commitments and refunds, notify affected customers as necessary and separately cancel unwanted customer subscriptions or independently contracted third-party services. Do not assume that closing a PAKA account cancels subscriptions you maintain for your customers with a payment provider, refunds customers or reverses completed transactions; confirm the status with the relevant provider and complete any necessary separate steps. PAKA does not assume your ongoing fulfillment duties. Where practicable, we will identify material effects of a PAKA-initiated suspension or termination so that you can make those arrangements; urgent action under Section 13.2 may take effect first.
13.5. For 30 days following account termination, we will make your exportable Business Content and customer records available through supported export or a reasonable support-assisted process, subject to lawful restrictions and identity verification. This does not include source code, proprietary layouts or a guarantee that another service can reproduce your Canvas. A security restriction may require an alternative delivery method rather than live account access.
13.6. After that period, data will be deleted or returned as provided in the DPA, subject to lawful retention. Confidentiality, accrued payment duties, relevant ownership and license restrictions, liability, indemnification, dispute provisions and the DPA to the extent data remains held survive termination. No new recurring service period begins after effective cancellation.
14. Warranties and disclaimers
14.1. Except for express commitments in these Terms and non-excludable legal obligations, the Services are provided “as is” and “as available”. To the extent permitted by law, PAKA disclaims implied warranties of merchantability, fitness for a particular purpose and non-infringement.
14.2. PAKA does not guarantee AI accuracy, uniqueness or legal suitability, sales or revenue, customer behavior, provider approval or uninterrupted third-party services. No disclaimer relieves PAKA of an express obligation in these Terms or the DPA.
15. Limitation of liability
15.1. To the extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential or punitive loss, including lost business opportunities or anticipated profits. This exclusion does not prevent recovery of direct losses merely because they involve data, or amounts payable for a covered third-party claim under Section 16.
15.2. Subject to Section 15.3, PAKA’s total aggregate liability arising from or relating to the Services or these Terms, under any legal theory, will not exceed the greater of the total fees paid for PAKA’s Services for the affected account in the 12 months before the first event giving rise to the claim, whether paid directly to PAKA or through its authorized reseller, or NIS 1,000. Customer sale proceeds, taxes collected for a public authority and independent payment-provider fees for your customer transactions are not fees for PAKA’s Services for this purpose. Related events will be treated as one claim. This amount is a liability allocation, not a service price or insurance guarantee.
15.3. Nothing in these Terms limits or excludes liability for fraud, willful misconduct, gross negligence, death or personal injury where not lawfully excludable, or any liability or remedy that cannot be limited or excluded under applicable law. Nothing restricts an individual’s statutory privacy rights or a regulator’s powers.
15.4. These provisions allocate risk between PAKA and the Business; they do not limit the mandatory rights of your customers against the responsible party. Each party must take reasonable steps to mitigate avoidable loss.
16. Third-party claims and indemnification
16.1. You will indemnify PAKA and its officers and employees against third-party claims, damages finally awarded or agreed in an approved settlement, and reasonable defense costs, to the extent caused by your unlawful offerings, failure to fulfill customer obligations, infringement by Business Content you supply, unlawful communications, or material breach of these Terms or applicable law.
16.2. This obligation does not apply to the extent a claim is caused by PAKA’s breach, negligence or misconduct. It does not make you automatically liable for every AI output or platform failure.
16.3. PAKA will give prompt notice and reasonable cooperation. A delay in notice reduces your obligation only to the extent it materially prejudices the defense. You may control the defense using competent counsel; PAKA may participate at its own expense. No settlement may admit fault by, impose non-monetary obligations on, or fail to release PAKA without its reasonable consent. PAKA will not settle a claim at your expense without your reasonable consent.
17. Changes to these Terms
17.1. We may amend these Terms and will notify you of material changes at least 30 days before they take effect, by email or a prominent account notice. We will identify the effective date and provide access to the revised text. Changes apply prospectively.
17.2. An earlier effective date may be necessary to comply with law or address an urgent security issue; we will explain that reason where permitted. Purely administrative corrections may take effect when posted. Pricing changes remain subject to Section 6.10, and DPA changes may not reduce mandatory protections.
17.3. If you disagree, you may stop using and cancel the affected Services before the effective date. Continued use after proper notice constitutes acceptance to the extent permitted by law; where express consent is legally required, we will obtain it. A material reduction in an already-paid service is addressed under Section 12.3.
18. General provisions
18.1. Governing law and jurisdiction. Israeli law governs these Terms, excluding conflict-of-law rules. For a Business established in Israel, jurisdiction and venue will be determined under the applicable Israeli procedural rules, without an exclusive choice of a particular city under these Terms. For a Business established outside Israel, the competent courts in Tel Aviv-Jaffa have exclusive jurisdiction to the extent that this choice is enforceable under applicable law. This provision does not waive mandatory protections, restrict a regulator’s powers, or prevent a party from bringing a claim in another court where a mandatory rule entitles it to do so.
18.2. Agreement and priority. These Terms, Schedule 1, accepted Billing Terms and any expressly accepted feature-specific terms comprise the agreement between you and PAKA. A separately signed agreement prevails for its stated subject; the DPA prevails for personal-data processing; Billing Terms prevail only for their disclosed commercial particulars. Where you purchase through Paddle, its Buyer Terms separately govern your transaction with Paddle as described in Section 6.11; they do not replace PAKA’s obligations to provide the Services under this agreement. Customer terms govern your customer relationship, not PAKA’s duties. A privacy notice does not override the DPA’s contractual safeguards.
18.3. Assignment. You may not transfer this agreement or an account without our prior written consent, not to be unreasonably withheld for a legitimate business transfer. PAKA may transfer it to an affiliate or a successor in a merger, acquisition or business sale, provided the successor assumes the obligations and required privacy protections. We will notify you of a transfer affecting the contracting entity.
18.4. Independent parties. These Terms create no partnership, employment, franchise or general agency relationship. The technical authority in Section 3 is limited to your authorized use of the Services.
18.5. Events beyond reasonable control. Neither party is responsible for delay caused by events beyond its reasonable control where it takes reasonable mitigation steps. This does not excuse accrued payment obligations, applicable data-protection duties or customer obligations imposed by law. A prolonged interruption that materially prevents an already-paid service is subject to Section 12.3.
18.6. Severability and waiver. An unenforceable provision will be limited only as necessary, and the rest remains effective. Failure or delay to enforce a provision does not waive it. Any waiver must be specific to the matter concerned.
18.7. Electronic records. The parties may use electronic acceptance, notices and transaction records to the extent permitted by law. Records are evidence of activity and may be challenged for error; they are not automatically conclusive.
18.8. Language. This English version governs any convenience translation, except where applicable law requires otherwise. Section headings aid navigation and do not limit the text.
18.9. Third-party rights. These Terms are intended for the benefit of PAKA and the Business, except that PAKA’s officers and employees expressly protected by Section 16 may benefit from that indemnification subject to its conditions, defenses and limitations. No other person is granted a contractual enforcement right by these Terms merely because they use a Canvas or interact with an agent. Nothing in this provision limits a person’s rights under applicable law, including statutory privacy rights, mandatory customer protections, or third-party-beneficiary rights under an applicable data-transfer instrument.
19. Contact and notices
19.1. Contact PAKA TECHNOLOGIES LTD, company no. 516864733, at info@paka.ai for legal notices and questions about these Terms, or through the support or contact channel made available in the Cockpit or at https://paka.ai. The email address may also be used if you cannot access your account. Legal notices should clearly identify the account, the issue and a reply address. Business support telephone: +1 336-525-5915.
19.2. We may send service and legal notices to your account email or through a prominent in-product notice. Keep your contact information current. Marketing permission is separate from acceptance of service notices. Notices take effect when delivered in accordance with applicable law and the notice requirements expressly stated in these Terms.
Schedule 1
Data Processing Addendum
This DPA applies when PAKA processes personal data on the Business’s behalf under the Terms. It establishes contractual processing duties and does not replace PAKA’s Privacy Policy for its independent processing.
A. Scope and documented instructions
A.1. Applicable Data Protection Law means privacy and data-protection law applicable to the processing, including Israel’s Protection of Privacy Law, 5741-1981, as amended, including Amendment No. 13, its applicable regulations, including the Data Security Regulations, 5777-2017, and, where applicable, the EU GDPR or UK data-protection law. “Personal data”, “controller”, “processor” and equivalent local concepts have their applicable statutory meanings. For Israeli law, references to a controller include the controller of a database and references to PAKA as a processor include its role as a holder, to the extent those roles apply to the processing in question.
A.2. The subject matter is operation of the Business’s enabled Canvas, agents and management tools. Processing may include collection, organization, storage, retrieval, AI inference and content generation, transmission to authorized integrations, management of interactions and transactions, export and deletion. Its purpose is to supply, support and secure the Services for the Business, for the account term and the limited post-termination period specified below.
A.3. Data subjects may include customers, leads, students, subscribers, visitors and the Business’s personnel. Data may include identifiers and contact details, communications and permitted recordings or transcripts, submitted content, order and booking details, payment status and transaction references, access and course-progress records, consent records and technical activity data. The actual scope is limited by enabled features and the Business’s instructions. Special-category data is not intended unless expressly agreed with suitable safeguards.
A.4. The Terms, this DPA and the Business’s supported account settings and authorized instructions constitute documented instructions. PAKA will process personal data only on those instructions unless legally required otherwise, in which case it will notify the Business before processing unless prohibited. PAKA will promptly inform the Business if, in its reasonable opinion, an instruction infringes applicable data-protection law and may pause the affected processing while the issue is resolved. Data received from a customer or another third party is not, merely by being received, an instruction from the Business to change processing purposes, disclose private information or expand access permissions.
A.5. The Business is responsible for lawful instructions, data minimization and appropriate notices and permissions. PAKA will not sell customer personal data, use it for independent advertising, or train general-purpose AI models on it under this DPA. Any different purpose requires a separate lawful arrangement and may change the parties’ statutory roles.
B. Confidentiality and security
B.1. PAKA will restrict access to authorized personnel and providers with a service-related need, ensure confidentiality commitments or equivalent legal duties, provide appropriate security awareness and revoke access when no longer needed.
B.2. PAKA will maintain technical and organizational safeguards appropriate to the nature and risk of processing. These will include access controls and least-privilege permissions; authentication protections for privileged access; encryption in transit and at rest where appropriate to the relevant system; separation of customer access; relevant security logging; vulnerability and update management; backup and recovery procedures; incident response; and periodic assessment of safeguard effectiveness.
B.3. The safeguards are contractual obligations, not a representation of a particular certification or a guarantee against every incident. PAKA will provide reasonable information about the measures and will not materially reduce the overall level of protection during processing. The Business remains responsible for its devices, authorized users, credentials and configurations.
C. Subprocessors and selected providers
C.1. The Business generally authorizes subprocessors that PAKA identifies in its current Privacy Policy or accompanying subprocessor disclosure made available before their use. That disclosure must identify the relevant providers, their functions and processing locations. It must distinguish PAKA’s subprocessors from independent payment providers or integrations selected directly by the Business.
C.2. PAKA will give at least 30 days’ advance notice of a new or replacement subprocessor that will process customer personal data. The Business may object within that period on reasonable data-protection grounds. The parties will seek a reasonable solution, including an alternative or disabling the affected feature. If none is available, the Business may terminate the affected service before the change and receive a proportionate refund for its unused prepaid period.
C.3. PAKA will impose written obligations on its subprocessors that provide substantially equivalent protection for the processing they perform and remains responsible for their performance of those obligations. A Business-selected provider receiving data under the Business’s instructions is governed by its own arrangement where it acts independently; this does not excuse PAKA’s own duties in transmitting data securely.
D. Assistance, incidents and oversight
D.1. Taking account of the nature of processing and information available, PAKA will reasonably assist the Business with access, correction, deletion, objection, portability and other applicable rights requests, and with required security assessments, impact assessments and regulator consultations. PAKA will refer requests received for the Business to it unless law requires PAKA to respond directly.
D.2. PAKA will notify the Business without undue delay after becoming aware of a personal-data breach affecting data processed for the Business. It will provide available information about the nature and likely consequences, affected data, mitigation and a contact point, with updates as facts become available. Incomplete information will not justify delaying the initial notice. PAKA will take reasonable containment and remediation steps and cooperate with required notifications.
D.3. The Business is responsible for its regulator and individual notifications, except where PAKA has a separate legal duty. PAKA will not notify the Business’s customers on its behalf without authorization unless legally required. Incident cooperation is not an admission of fault.
D.4. PAKA will make available information reasonably necessary to demonstrate compliance, including at least annual reporting on its relevant processing and safeguards where required by Israeli law. It will allow and reasonably assist proportionate audits by the Business or an independent auditor subject to confidentiality, reasonable notice and protections for other customers. Existing reports may be used where sufficient; these arrangements will not obstruct a legally required inspection or investigation of a substantiated incident.
D.5. Routine assistance and information required to demonstrate PAKA’s compliance are part of its obligations. Any exceptional additional services and their fees must be agreed beforehand. No extra fee is payable for correcting PAKA’s own non-compliance.
E. International processing
E.1. PAKA may process data in the disclosed locations of its providers only subject to applicable transfer requirements. Where Israeli cross-border transfer rules apply, PAKA will ensure a permitted transfer basis and necessary recipient commitments. Processing instructions alone do not waive transfer restrictions.
E.2. Where EU or UK law requires an international transfer mechanism and adequacy does not apply, the parties will put the applicable standard contractual clauses, UK mechanism or another valid safeguard in place before the restricted transfer. Any required annexes, assessments and supplementary measures must be completed. This general reference does not itself execute or replace those instruments.
F. Return, deletion and retention
F.1. On termination, PAKA will make data available for return as described in Section 13.5. The Business may choose return or deletion, including earlier deletion, subject to lawful retention and a reasonable identity and authority check. Unless the Business gives another lawful instruction, after the 30-day export period PAKA will delete remaining customer personal data from active service systems without undue delay and, ordinarily, within a further 30 days. Where the Business chooses return, PAKA will delete its remaining copies after the return is completed, subject to Sections F.2 and F.3.
F.2. Backup copies may remain until overwritten in the ordinary recovery cycle, for no longer than 90 days after active-system deletion unless law requires longer retention. Such copies will remain protected, will not be used for ordinary business purposes and, if restored for recovery, will be subject again to the deletion instruction.
F.3. Where retention is legally required, PAKA will retain only the necessary data for the necessary period, restrict access and use, and delete it when the requirement ends. Independent account, billing or security records lawfully held by PAKA are governed by the applicable legal basis and Privacy Policy; this is not permission to retain all customer content indefinitely.
F.4. PAKA will confirm completion of return or deletion on reasonable request, identifying any lawful retention or outstanding backup cycle. This DPA continues to protect retained personal data until deletion.