Terms of Service

Please read these Terms of Service ("Terms") carefully before using the websites, products, or services (collectively, the "Services") operated by elektriQ Creative Co (trading as elektriQ Labs, "we", "us", or "our"). By accessing or using the Services, you agree to be bound by these Terms.

elektriQ Creative Co is a registered legal entity, operating globally as elektriQ Labs, the brand under which all products and services are marketed and delivered.

AI Systems — Deployment Models

The AI-powered systems we offer ("AI Systems") are delivered under one of two models, which will be specified in your service agreement:

• Managed deployment: We build, configure, and operate an AI system on your behalf using our platform and infrastructure. The system remains under our management for the duration of your subscription. You access the outputs and reporting; we retain operational control.
• Handover model: We build and configure an AI system and transfer operational ownership to you. Where you engage us on a retainer, we continue to manage, maintain, and optimize the system on your behalf. Upon retainer termination, management responsibility transfers fully to you.

In both models, AI Systems may leverage third-party platforms and large language models (including but not limited to Anthropic Claude, OpenAI, and Google). Your data may be processed by these platforms in accordance with their respective terms. We will identify the relevant platforms in your service agreement or onboarding documentation.

Use of the Services

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services in any way that violates applicable laws or regulations, infringes the rights of others, or interferes with the operation of the Services or any systems connected to them.

To access certain features of the Services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us promptly if you suspect any unauthorized use of your account.

API Access and Integrations

The Services may include access to APIs and integration capabilities that allow you to connect third-party tools and services. Any API keys or credentials we issue to you are for your use only and must be kept secure. You are responsible for all activity authorized or performed under your API keys.

We may impose rate limits or usage quotas on API access. We reserve the right to suspend or revoke API access if we determine, in our sole discretion, that your usage violates these Terms or poses a risk to the Services or other users.

Intellectual Property

The Services, platform, and all underlying software, frameworks, and technology developed by elektriQ Creative Co are our property or that of our licensors and are protected by applicable intellectual property laws. These Terms do not grant you any ownership rights in the platform or Services.

Where we build a custom AI system for you under a handover model, the deliverables specified in your service agreement are assigned to you upon full payment. Any proprietary platform components, tooling, or infrastructure we use to build or operate the system remain the property of elektriQ Creative Co and are licensed to you solely for the purpose of operating the delivered system.

You retain ownership of any data, brand assets, SOPs, or content you provide to us. By providing such materials, you grant us a limited, non-exclusive license to use them solely to build, configure, and operate your AI systems.

Third-Party Services

The Services may integrate with or link to third-party platforms, services, or tools. We do not control and are not responsible for the content, functionality, or practices of any third-party services. Your use of third-party services is governed by their respective terms and privacy policies.

Disclaimers and Limitation of Liability

The Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components. We make no guarantees regarding the accuracy, completeness, or fitness for purpose of any AI-generated outputs.

To the fullest extent permitted by applicable law, elektriQ Creative Co (trading as elektriQ Labs), with registered business address in Lagos, Nigeria, shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of, or inability to use, the Services.

Our total liability to you for any direct damages arising out of or related to these Terms or the Services shall not exceed the total fees paid by you for the specific service order from which the claim arose.

Payments

All payments for the Services are processed and received under the name elektriQ Creative Co. When you are charged for the Services, this name will appear on your bank or credit card statement. If you have any questions about a charge, please contact us at [email protected].

Cancellations and Refunds

Setup and onboarding fees are non-refundable once paid. These fees cover scoping, configuration, and build work that begins upon engagement and cannot be recovered.

Monthly subscription fees are billed in advance. You may cancel your subscription at any time by providing written notice to [email protected]. Cancellation takes effect at the end of your current billing cycle. No partial refunds are issued for unused days within a billing period.

Indemnification

You agree to indemnify, defend, and hold harmless elektriQ Creative Co, its officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Services in violation of these Terms; (b) your failure to comply with applicable laws, including any failure to make required call recording or SMS disclosures to your customers; (c) any content or data you provide to us; or (d) any claim by a third party arising from the outputs or operation of an AI system deployed on your behalf.

Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from causes beyond our reasonable control. This includes, without limitation, outages or changes to third-party AI platforms or APIs (including Anthropic, OpenAI, or Google), internet infrastructure failures, acts of God, government action, or other events outside our control. We will notify you promptly of any such event and resume performance as soon as reasonably practicable.

Termination

We may suspend or terminate your access to the Services immediately and without notice if you materially breach these Terms or if continued access poses a risk to the Services or other users.

Where we terminate your access without cause, we will provide at least 30 days' written notice. In such cases, we will refund any prepaid subscription fees covering the period after the termination effective date.

You may stop using the Services at any time subject to the cancellation terms above. Upon termination for any reason, provisions of these Terms that by their nature should survive will continue to apply, including sections on Intellectual Property, Indemnification, Disclaimers, and Limitation of Liability.

Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the Federal Republic of Nigeria. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Lagos State, Nigeria.

Before initiating formal proceedings, both parties agree to attempt to resolve any dispute in good faith through written notice and a 30-day negotiation period. Nothing in this clause prevents either party from seeking urgent injunctive or interim relief from a competent court.

Changes to These Terms

We may update these Terms from time to time. Any changes will be reflected by updating the "Last updated" date at the top of this page. Continued use of the Services after any changes constitutes your acceptance of the updated Terms.

Contact

If you have any questions about these Terms, please contact us at:

elektriQ Creative Co (trading as elektriQ Labs)
Email: [email protected]