1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and nammu, Meyrin (Geneva), Switzerland (operating the aukimi service) ("aukimi", "we", "us", or "our"), governing your access to and use of the aukimi creative software suite, including all modules, features, and services accessible via https://aukimi.com (collectively, the "Service").
By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.
2. Description of Service
aukimi provides a browser-based creative software suite offering professional-grade tools for 2D design, 3D modeling, video editing, audio production, game development, and related creative workflows. The Service includes integrated modules that enable real-time synchronization and seamless communication between creative assets.
The Service is accessed entirely through compatible web browsers and does not require local installation of software applications.
3. Eligibility and Account Registration
3.1 Age Requirements
You must be at least thirteen (13) years of age to use the Service. If you are between thirteen (13) and eighteen (18) years of age (or the age of legal majority in your jurisdiction), you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
3.2 Account Registration
To access certain features of the Service, you must create an account by providing accurate, complete, and current information. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access or security breach
- Ensuring your account information remains accurate and up-to-date
3.3 Account Suspension
We reserve the right to suspend or terminate accounts that violate these Terms or are used for fraudulent, abusive, or illegal purposes.
4. Subscription Plans and Payment Terms
4.1 Subscription Options
aukimi offers the following subscription options:
- Monthly Plan: $5.00 USD per month, billed monthly
- Annual Plan: $50.00 USD per year, billed annually
- Lifetime Access: Available through crowdfunding campaigns or promotional offerings
- Free Tier: Limited access to certain features (if applicable)
4.2 Payment Processing
All payments are processed through third-party payment processors. By providing payment information, you authorize us to charge the applicable fees to your designated payment method.
4.3 Automatic Renewal
Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You will be charged the then-current subscription rate upon renewal.
4.4 Cancellation and Refunds
You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing period. Refunds are provided at our sole discretion and in accordance with applicable consumer protection laws. Lifetime access purchases are non-refundable except as required by law.
4.5 Price Changes
We reserve the right to modify subscription prices with thirty (30) days' advance notice. Price changes will not affect current subscribers until their next renewal period.
4.6 Taxes
All fees are exclusive of applicable taxes, duties, or similar governmental assessments, which you are responsible for paying.
5. Intellectual Property Rights
5.1 User Content Ownership
You retain full ownership of all intellectual property rights in and to any content you create, upload, or store using the Service ("User Content"). This includes but is not limited to:
- 2D designs and illustrations
- 3D models and textures
- Video projects and footage
- Audio compositions and recordings
- Game projects and assets
- Code and scripts
- Any derivative works created using aukimi tools
5.2 License to aukimi for Service Operation
By using the Service, you grant aukimi a limited, non-exclusive, worldwide, royalty-free license to host, store, transmit, display, and process your User Content solely for the purpose of:
- Providing and maintaining the Service
- Enabling real-time synchronization between modules
- Creating backup copies for service reliability
- Complying with legal obligations
This license terminates when you delete your User Content or close your account, except for copies retained in backup systems, which will be deleted within ninety (90) days.
5.3 Community and Marketing License (Public Sharing Only)
If you publicly share User Content through aukimi's community features (including but not limited to public showcase galleries or a "Showcase" channel) or otherwise make it publicly available via aukimi-controlled public areas, you grant aukimi an additional limited, non-exclusive, worldwide, royalty-free, sublicensable (solely to our service providers for the purposes below) license to:
- Display your User Content in community galleries and public areas of the Service
- Repost or display your User Content (including screenshots or clips) in aukimi marketing materials, case studies, announcements, and promotional activities
- Share your User Content on aukimi's website and official social media channels
This marketing license is limited to the User Content you choose to share publicly. It does not apply to private projects or private workspaces.
You may revoke this marketing license at any time by contacting privacy@aukimi.com. Revocation will apply prospectively, and we will make reasonable efforts to remove the content from aukimi-controlled marketing channels within a reasonable time. You will be credited as the creator unless you request anonymity.
5.4 aukimi Intellectual Property
The Service, including all software, interfaces, graphics, design, compilation, information, code, and all other elements (excluding User Content) are owned by aukimi and protected by copyright, trademark, patent, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms. You may not:
- Copy, modify, or create derivative works of the Service
- Reverse engineer, decompile, or disassemble any portion of the Service
- Remove or alter any copyright, trademark, or proprietary notices
- Use the Service to develop competing products or services
- Frame or mirror any portion of the Service
5.5 Trademark Usage
"aukimi" and associated logos are trademarks of aukimi. You may not use these trademarks without prior written permission, except as necessary to identify the Service in factual statements.
6. Privacy and Data Protection
6.1 Privacy Commitment (Privacy-First, Swiss Standards)
Our Privacy Policy, incorporated by reference into these Terms, describes how we collect, use, and protect your information. aukimi is committed to privacy-first principles and "Swiss engineering" privacy expectations — strong security practices, data minimization where practical, and handling personal data in line with applicable Swiss and European data protection standards.
6.2 Human-First AI Policy: No Training on User Content (Ever)
We explicitly and unequivocally commit that your User Content is NEVER used to train artificial intelligence models, machine learning algorithms, or other automated models — now or in the future. This commitment includes:
- No use of User Content for improving or training AI features or models
- No inclusion of User Content in training datasets
- No sharing or licensing of User Content to third-party AI providers for training purposes
- No analysis of User Content for machine learning model development or model fine-tuning
This commitment applies regardless of whether User Content is private or publicly shared through community features (such as a public "Showcase" area).
6.3 AI-Assisted Features (Assistive Only)
The Service includes AI-powered features designed to assist your creative workflow. These features:
- Are optional and operate on-demand at your explicit request (where applicable)
- May process content in your browser session when possible
- Use pre-trained models that were not trained on aukimi User Content
- Are designed to augment and accelerate your workflow, not replace human creativity or claim authorship over your work
You retain full control over whether and how to use AI-assisted features, including whether to input content into any AI-assisted workflow.
6.4 Data Location and Processing
User Content is stored on secure servers located in Switzerland and the European Union. By using the Service, you consent to the transfer and processing of your data in these jurisdictions.
6.5 Data Retention
We retain your User Content for the duration of your account's active status and for ninety (90) days following account deletion to allow for recovery in case of accidental deletion.
7. User Responsibilities and Acceptable Use
7.1 Lawful Use
You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations. You may not use the Service to:
- Violate any local, national, or international law
- Infringe upon intellectual property rights of others
- Create, store, or distribute illegal content
- Harass, threaten, or harm others
- Distribute malware, viruses, or malicious code
- Engage in fraudulent activities
7.2 Prohibited Content
You may not create, upload, or store User Content that:
- Contains illegal material (including child exploitation material, terrorism-related content)
- Infringes copyright, trademark, or other intellectual property rights
- Violates privacy rights or contains non-consensual intimate imagery
- Constitutes hate speech, harassment, or incitement to violence
- Contains graphic violence or gore (except for legitimate artistic purposes)
- Promotes self-harm or suicide
7.3 System Integrity
You may not:
- Attempt to gain unauthorized access to the Service or related systems
- Interfere with or disrupt the Service's functionality
- Use automated systems (bots, scrapers) without written permission
- Circumvent usage limitations or security measures
- Overload or stress-test Service infrastructure
- Share account credentials with unauthorized users
7.4 Commercial Use
You may use the Service to create commercial work and User Content. However, you may not resell or redistribute access to the Service itself without written authorization.
7.5 Reverse Engineering and Platform Misuse (Browser-Based Tech)
You may not (and may not attempt to):
- Reverse engineer, decompile, or disassemble the Service or any underlying technology, including client-side/browser components and any APIs, except to the extent such restriction is prohibited by applicable law
- Bypass, disable, or interfere with technical limitations, security features, or access controls
- Probe, scan, or test the vulnerability of the Service or its systems without our prior written permission
- Use the Service to build, benchmark, or develop a directly competing product or service based on non-public aspects of aukimi
8. Beta Testing and Early Access
8.1 Beta Features
aukimi may offer access to beta, experimental, or early-access features ("Beta Features"). Beta Features are provided "as is" without warranties and may:
- Contain bugs or errors
- Be modified or discontinued without notice
- Result in data loss or corruption
- Perform differently than described
8.2 Beta Tester Obligations
If you participate in beta testing programs, you agree to:
- Provide constructive feedback when requested
- Report bugs and issues through designated channels
- Maintain confidentiality of unreleased features unless explicitly authorized to share
- Accept that Beta Features may not function as expected
8.3 No Compensation
Participation in beta testing programs is voluntary and does not entitle you to compensation unless otherwise specified in writing.
9. Crowdfunding Backers and Lifetime Access
9.1 Crowdfunding Terms
If you purchased access to the Service through a crowdfunding campaign, your rights are governed by both these Terms and the specific terms disclosed during the crowdfunding campaign. In case of conflict, the crowdfunding-specific terms shall prevail to the extent of the conflict.
9.2 Lifetime Access
"Lifetime Access" means access to the Service for as long as aukimi operates the Service commercially. Lifetime Access does not guarantee:
- Access to specific features or modules indefinitely
- Immunity from account termination for Terms violations
- Continued operation of the Service in perpetuity
- Access to third-party integrations that may be discontinued
9.3 Service Discontinuation
If aukimi discontinues the Service, Lifetime Access holders will receive ninety (90) days' advance notice and the option to export all User Content in standard file formats.
10. Third-Party Services and Integrations
10.1 Third-Party Services
The Service may integrate with or contain links to third-party services, applications, or websites. aukimi is not responsible for:
- The availability, accuracy, or content of third-party services
- Privacy practices of third-party services
- Any damage or loss caused by third-party services
Your use of third-party services is governed by their respective terms and privacy policies.
10.2 Third-Party Plugins and Extensions
If you use third-party plugins, extensions, or tools with the Service, you do so at your own risk. aukimi is not responsible for compatibility issues, data loss, or security vulnerabilities introduced by third-party code.
11. Service Availability and Modifications
11.1 Service Availability
We strive to provide reliable, uninterrupted Service. However, we do not guarantee:
- 100% uptime or availability
- Error-free operation
- Compatibility with all browsers or devices
- Specific performance metrics
11.2 Maintenance and Downtime
We may temporarily suspend the Service for maintenance, updates, or emergency repairs. We will provide advance notice of planned maintenance when reasonably possible.
11.3 Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. This includes:
- Adding or removing features
- Changing module functionality
- Adjusting performance specifications
- Updating user interfaces
Paid subscribers will be notified of material changes that significantly reduce Service functionality with at least thirty (30) days' notice.
12. Warranties and Disclaimers
12.1 Limited Warranty
aukimi warrants that the Service will perform substantially in accordance with its documentation under normal use. This warranty is void if issues result from:
- Misuse or unauthorized modifications
- Use with incompatible systems
- Acts of third parties
- Your violation of these Terms
12.2 Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED IN SECTION 12.1, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY, RELIABILITY, OR QUALITY OF OUTPUT
- UNINTERRUPTED OR ERROR-FREE OPERATION
- SECURITY OF USER CONTENT
We do not warrant that the Service will meet your specific requirements or that any errors will be corrected.
12.3 Browser and System Requirements
The Service requires compatible modern web browsers and sufficient internet bandwidth. We are not responsible for performance issues resulting from outdated browsers, inadequate system resources, poor internet connectivity, browser extensions, network restrictions, or device limitations.
12.4 Comparative Advertising and Third-Party Names
Any references to third-party products, services, or brands (for example, "Adobe") are used for identification and comparison purposes only. Such references do not imply endorsement, affiliation, sponsorship, or partnership by or with the respective third party. All third-party trademarks are the property of their respective owners.
13. Limitation of Liability
13.1 Limitation on Direct Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUKIMI'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:
(A) THE AMOUNT YOU PAID TO AUKIMI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR
(B) FIFTY US DOLLARS ($50.00 USD)
13.2 Exclusion of Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUKIMI SHALL NOT BE LIABLE FOR:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
- LOSS OF DATA OR USER CONTENT (EXCEPT AS PROVIDED IN SECTION 13.4)
- LOSS OF GOODWILL OR REPUTATION
- COST OF SUBSTITUTE SERVICES
- DAMAGES ARISING FROM RELIANCE ON THE SERVICE
This exclusion applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and whether or not aukimi was advised of the possibility of such damages.
13.3 Essential Purpose
You acknowledge that the limitations in this Section 13 are fundamental elements of the agreement between you and aukimi, and that aukimi would not provide the Service without these limitations.
13.4 Data Loss
While we implement industry-standard backup procedures, we are not responsible for loss of User Content except in cases of gross negligence or willful misconduct. You are responsible for maintaining independent backups of critical User Content.
13.5 Force Majeure
aukimi is not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, governmental actions, internet failures, or third-party service outages.
13.6 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or implied warranties. In such jurisdictions, the limitations and exclusions in these Terms shall apply to the maximum extent permitted by law.
14. Indemnification
You agree to indemnify, defend, and hold harmless aukimi, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use or misuse of the Service
- Your User Content
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property or privacy rights
- Your violation of applicable laws or regulations
We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with our defense.
15. Dispute Resolution
15.1 Governing Law (Swiss Law)
These Terms and the Service are governed by and construed in accordance with the laws of Switzerland, without regard to conflict of law principles.
15.2 Jurisdiction (Geneva, Switzerland)
Subject to the arbitration provisions below, the courts of Geneva, Switzerland shall have exclusive jurisdiction over disputes arising from these Terms.
15.3 Informal Resolution
Before initiating formal proceedings, you agree to contact us at legal@aukimi.com to attempt informal resolution of any dispute. We will attempt to resolve the matter within sixty (60) days.
15.4 Arbitration (Optional)
For disputes not resolved informally, either party may elect binding arbitration administered by the Swiss Chambers' Arbitration Institution under its Swiss Rules of International Arbitration. Arbitration will be conducted in Geneva, Switzerland, in English.
15.5 Class Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.
15.6 Small Claims Court
Notwithstanding the above, either party may bring an individual action in small claims court for disputes within that court's jurisdiction.
16. Termination
16.1 Termination by User
You may terminate your account at any time through account settings or by contacting support@aukimi.com. Upon termination:
- Your access to paid features ceases immediately or at the end of the current billing period (depending on subscription type)
- You retain the right to export your User Content for ninety (90) days
- All licenses you granted to aukimi (except the marketing license) terminate after User Content deletion
16.2 Termination by aukimi
We may suspend or terminate your account immediately if:
- You violate these Terms
- Your account is used for illegal or fraudulent activities
- Your use threatens the security or integrity of the Service
- Required by law or governmental authority
- You fail to pay applicable fees
16.3 Effect of Termination
Upon termination:
- All licenses granted to you under these Terms immediately terminate
- You must cease all use of the Service
- We may delete your User Content after the retention period
- Provisions that by their nature should survive (including indemnification, liability limitations, and dispute resolution) remain in effect
16.4 No Refunds
Except as required by applicable law or specified in Section 4.4, termination does not entitle you to any refund of prepaid fees.
17. General Provisions
17.1 Entire Agreement
These Terms, together with the Privacy Policy and any additional terms accepted for specific features, constitute the entire agreement between you and aukimi regarding the Service and supersede all prior agreements and understandings.
17.2 Amendments
We may modify these Terms at any time by posting revised Terms on the Service. Material changes will be notified via email or prominent notice on the Service at least thirty (30) days before taking effect. Continued use after changes become effective constitutes acceptance of the modified Terms.
17.3 Severability
If any provision of these Terms is found invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
17.4 Waiver
Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by aukimi.
17.5 Assignment
You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
17.6 No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights except as expressly stated.
17.7 Language
These Terms are drafted in English. Any translations are provided for convenience only. In case of conflict between versions, the English version prevails.
17.8 Notices
Notices to you may be provided via email to the address associated with your account or through in-Service notifications. Notices to aukimi must be sent to:
nammu (aukimi)
Meyrin (Geneva), Switzerland
Email: contact@aukimi.com
17.9 Export Control
The Service may be subject to export control laws. You agree to comply with all applicable import and export regulations and shall not export or re-export the Service in violation of such laws.
17.10 Government Use
If you are a government entity, the Service is provided as "commercial computer software" and "commercial computer software documentation" under applicable regulations.
18. Contact Information
For questions about these Terms, please contact:
nammu
15 Route du Mandement
1217 Meyrin
Geneve, Suisse
Phone: +41 77 806 05 19
General Email: info@nammu.ch
Support & Legal: contact@aukimi.com
Website: https://aukimi.com
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.