Terms of Service

Axum is the business name of FIVESIX MEDIA LLC, a company in the United States, and FIVESIX MEDIA LTD, a company in Nigeria ("Axum", "we", "us", "our").

• If your business is in Nigeria, your contract is with FIVESIX MEDIA LTD.
• If your business is in any other country, your contract is with FIVESIX MEDIA LLC.

"We" also includes our successors and affiliates. These Terms apply to our website (axumworks.com), the Axum console and the Axum agents ("the Service"). When you sign up, click to accept, or use the Service, you accept these Terms. If you accept for a business, you confirm that you can bind that business.

If you sign an order form with us, the order form applies first. Our Data Processing Agreement (DPA) applies to personal data that we process for you. Our Privacy Policy explains how we use personal data for our own purposes.

You must be at least 18 years old. You must give us accurate account details and keep them up to date. You are responsible for all activity in your account, and for the people that you invite to it. Keep your password secure. Tell us at once if you think someone used your account without permission.

You must not:

• use the Service for anything that is illegal, fraudulent or harmful
• send content that you do not have the right to send
• try to copy, reverse engineer or resell the Service
• try to get access to accounts or systems that are not yours
• interfere with the security or performance of the Service
• use the Service to build a competing product

We can suspend an account that breaks these rules.

You own the data that you send to the Service and the outputs that the Service makes for you. You give us permission to use that data to provide and support the Service for you.

We own the Service, including our software, models, prompts and templates. We can use anonymised, aggregated data about how the Service is used to operate and improve it. This data does not identify you or your customers.

If you send us feedback, we can use it without any obligation to you.

• Plans. Our prices are on axumworks.com/pricing or in your order form.
• Billing. We bill each month in advance. Your plan renews each month until you cancel it.
• Currency. Customers in Nigeria pay in naira through Paystack. Other customers pay in US dollars through Stripe.
• Taxes. Our prices do not include VAT or other taxes. We add VAT (7.5% in Nigeria) where the law requires it. If the law requires you to deduct withholding tax, you must increase the payment so that we receive the full fee.
• Failed payments. If a payment fails, we try again for 7 days. After that, we can suspend the Service until you pay.
• Refunds. Fees that you pay are not refundable, unless the law requires a refund.

These Terms apply while you use the Service. You can cancel your plan at any time. The cancellation takes effect at the end of the current billing month.

We can suspend or end your access if you break these Terms, do not pay, or if the law requires it. If possible, we tell you first.

After your account ends, we delete your data as the DPA says. You can export your data before that date.

We provide the Service "as is" and "as available". The Service uses AI, and AI outputs can be wrong or incomplete. We do not promise that the Service or its outputs are accurate, complete or free of errors. Check each output before you rely on it, for example before you approve an entry for your books. To the extent that the law allows, we exclude all implied warranties.

Neither party is liable for indirect or consequential loss, or for lost profits, revenue, data or goodwill.

Each party's total liability under these Terms is limited to the greater of:

• the fees that you paid us in the 12 months before the claim, or
• US$100.

These limits do not apply to fraud, wilful misconduct, a breach of confidentiality, your duty to pay fees, or any liability that the law does not let us limit.

You defend Axum against third-party claims that come from your data, your use of the Service in breach of these Terms, or your breach of the law. You pay the damages and reasonable costs that come from those claims. We tell you about a claim promptly and give you reasonable help, at your cost. You control the defence. You cannot settle a claim in a way that makes us admit fault or pay money without our written consent.

Each party keeps the other party's non-public business information confidential. Each party uses that information only for these Terms. This duty does not apply to information that is public, that the other party already had, or that the law requires a party to disclose.

We can change these Terms. We tell you about a material change by email or in the console before it applies. If you continue to use the Service after a change applies, you accept the change.

• Customers in Nigeria. The laws of Lagos State and the Federal Republic of Nigeria apply. The parties first try to settle a dispute by talks for 30 days. After that, the courts of Lagos State have exclusive jurisdiction.
• All other customers. The laws of the State of Connecticut, United States, apply. The state and federal courts in Connecticut have exclusive jurisdiction.

These Terms, with any order form and the DPA, are the whole agreement between us. If one part is not valid, the other parts continue to apply. Neither party is liable for delays that come from events outside its reasonable control. You cannot transfer these Terms without our consent. We can transfer them to an affiliate or to a buyer of our business.

We send notices to the email address on your account or in the console. Send notices to us at support@axumworks.com. A notice by email is received on the day that it is sent.