Terms of Services

The following terms and conditions, as presented on this webpage (hereinafter referred to as the "Terms of Service"), govern your access to and use of our Services (as defined below), including any content, functionality, and Services offered on or through our Website (as defined below).

By accessing, browsing, or using the Services offered by Akari Sauna House LLC, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service. Upon your acceptance and registration on our Website, these Terms of Service constitute a binding legal agreement (hereinafter referred to as the "Agreement") between Akari Sauna House LLC, located at 202 Grand Street, Brooklyn, NY 11211 (hereinafter "Akari Sauna", "we", "us", or "our") and you, the user (hereinafter "you", "your", or "User" or “Member”, shall the last term apply to you).

Your interaction with, access to, and use of our Website and its associated functionality are governed by this Agreement. It's imperative that you carefully read and fully comprehend this Agreement prior to using our Website or its functionality. If you disagree with any portion of this Agreement, you must refrain from accessing or using our Website. If you are currently accessing or using the Website without having agreed to these terms, you are required to cease all activities on the Website and, if applicable, delete your account.

By accessing, viewing the Website, and/or utilizing the Services provided through the Website, you explicitly acknowledge and consent to be bound by this Agreement and the accompanying Privacy Policy (as defined below).

Definitions.

"Member" refers to the User or any other individual who has successfully applied for and been accepted into a Membership with Akari Sauna. A Member is entitled to the privileges, benefits, and services associated with their specific subscription tier as outlined on the Website and in accordance with the conditions of this Agreement. The title of "Member" is conferred upon acceptance into the Membership program and remains in effect as long as the individual adheres to the stipulated terms and conditions and maintains an active subscription status.

"Membership" refers to the subscription-based engagement, whether on a monthly, annual, or other specified time-period basis, that individuals enter into with Akari Sauna. This membership offers various benefits, services, and access privileges as delineated in distinct pricing plans available on the Website. The specific terms, benefits, and conditions of each Membership level are defined on the Website and may be amended, updated, or revised from time to time at the sole discretion of Akari Sauna. By subscribing to a Membership, you agree to adhere to the conditions and guidelines associated with your selected plan as detailed on the Website and within this Agreement.

"Privacy Policy" refers to Akari Sauna's official policy outlining the collection, use, storage, and disclosure of personal information obtained from Users and Members. The Privacy Policy provides insights into how Akari Sauna manages user data, maintains data confidentiality, and ensures compliance with relevant data protection regulations. The full text of the Privacy Policy is available for review on our Website at https://www.akarisauna.com/privacy-policy.

“Services" refers to the comprehensive offerings provided by Akari Sauna, which encompass the use of sauna facilities, ice showers, cold plunges, as well as the provision of massage and body treatment services. A detailed description and the scope of these Services may be found on our Website. These Service descriptions are subject to amendment in content from time to time at the sole discretion of Akari Sauna. By accessing or utilizing any of these Services, you acknowledge and agree to the terms set forth within this Agreement.

"Website" refers to the official online platform managed and operated by Akari Sauna, and accessible at https://www.akarisauna.com. By accessing or using the Website, Users can access information, book services, and engage with Akari Sauna's offerings. The content, features, and functionalities of the Website may be updated or amended periodically at the sole discretion of Akari Sauna. By accessing or using the Website, you agree to comply with the terms and conditions set forth in this Agreement.

Membership. The Membership programs offered by Akari Sauna, at its own discretion, enhance user experience by providing exclusive access to tailored content, preferential rates, and special promotions associated with the Services and any other services as may be introduced from time to time.

Eligibility. Membership is open only to individuals who are at least 18 years of age or older. By applying for membership, the user confirms and represents that they have the authority to engage in this agreement, and that all provided information is accurate, true, current, and complete.

Benefits of Membership. Members may receive:

Special discounts, offers, or promotions as made available by Akari Sauna.
Priority booking for certain services or events.
Additional benefits granted at our discretion.

Membership Registration.

Membership registration is completed via the Website. Users must provide accurate and up-to-date information, and inform Akari Sauna of any changes promptly.
Each Member is issued a unique username and password. Members shall maintain the confidentiality of this information and notify Akari Sauna immediately of any unauthorized use of their membership account.

Membership Responsibilities.

Members are responsible for all activities occurring under their account.
Transfer, sale, or assignment of membership benefits or rights to any other person or entity is strictly prohibited.
Members must maintain a current, active, and deliverable email address on file. Failure to do so may result in the suspension of membership privileges until such time as a valid email address is provided.

Membership Fees

There might be fees associated with certain membership tiers. Details of such fees and associated benefits will be outlined on the Website or made available upon inquiry.
Membership fees are non-refundable except as expressly provided in these Terms of Service or any associated agreement.

Cancellation of Membership

Members may cancel their membership by submitting a written request to hello@akarisauna.com.
Cancellation requests will be processed within one business day. Billing cessation will take effect at the end of the member's current billing cycle.
No other methods of cancellation shall be considered valid or authorized.

Changes to Membership Program

Akari Sauna reserves the right to modify, terminate, or otherwise amend the Membership program, associated fees, benefits, or terms at its sole discretion. Members will be provided with reasonable notice of any significant changes, after which continued use of the membership program will constitute acceptance of the modified terms.

Termination of Membership

Akari Sauna reserves the right to terminate a Member's Membership at its sole discretion.
In the event of such a breach, a written notice will be dispatched to the Member's registered email address, detailing:

The specific nature of the breach.
A designated timeframe, if applicable, within which the Member must rectify the breach. In certain circumstances, immediate termination without opportunity for rectification may be deemed necessary.
The stipulated date on which the Membership and this Agreement shall cease, if immediate rectification is not feasible or deemed appropriate.

Upon the termination of Membership:

The Member shall lose access to all Membership services, benefits, and privileges offered by Akari Sauna.
The Member is obligated to clear all outstanding fees, charges, or dues linked to their account prior to the official date of termination.
In cases where any dues, including those associated with damages to Akari Sauna or its properties (barring standard wear and tear), remain unsettled, the Member hereby authorizes Akari Sauna to deduct such outstanding amounts from the payment method registered on their account. This authorization persists for forty-five (45) days post the termination date.

Post-Termination Obligations:

Even after Membership cessation, all obligations and responsibilities as defined in this Agreement, which by their nature should survive, including but not limited to, indemnities, limitations of liability, and dispute resolution clauses, will remain in effect.

Third-Party Services. Akari Sauna's website may feature links directing users to third-party websites. Users should be aware that these third-party domains are not affiliated with Akari Sauna. While we strive to curate the content presented on our platform, we do not conduct rigorous verifications or evaluations of the accuracy or reliability of content hosted on these external websites. Consequently, we neither offer warranties nor assume responsibility for the authenticity or accuracy of materials, products, or services presented by such third parties. User shall exercise caution and conduct due diligence before initiating transactions on third-party platforms. Akari Sauna disclaims liability for any damages, losses, or adverse consequences arising from the acquisition or usage of products, services, or content from these third-party sites. It remains the user's responsibility to thoroughly review and understand the terms, conditions, and policies governing transactions on these external platforms.

Prohibited Uses. In accordance with our Terms of Service, Users are explicitly prohibited from engaging in, or facilitating the following actions while accessing or using our Website and its content:

Participating in or promoting illegal activities;

Soliciting or enticing others to engage in unlawful conduct;

Violating any international, federal, state, provincial, or local laws, rules, or regulations;

Infringing upon or violating our intellectual property rights;

Engaging in behaviors that are abusive, harassing, defamatory, discriminatory, or derogatory based on characteristics including but not limited to gender, sexual orientation, religion, ethnicity, age, or disability;

Disseminating misleading or false information;

Introducing viruses, malware, or other malicious software that may compromise the integrity or performance of our Website or Services;

Collecting or tracking personal data from users without proper authorization;

Engaging in unsolicited electronic communications or any form of deceitful web activity, including but not limited to spamming, phishing, pharming, or employing techniques like spidering and crawling;

Engaging in actions deemed obscene, immoral, or otherwise inappropriate by prevailing societal standards;

Attempting to bypass or compromise the Website's security protocols or those of affiliated platforms;

Violation of any of these provisions may result in immediate termination of your access to our Services at our sole discretion.

Late Cancellation / No-Show Policy. We understand that unexpected events may sometimes necessitate changes to your schedule. However, in order to ensure smooth operations and respect the schedules of our professionals and other clients, we have implemented the following policy regarding cancellations and no-shows:

Massage Appointments: For any scheduled massage sessions, we ask our clients (including both Members and non-Members) to notify us of any modifications, rescheduling, or cancellations at least 24 hours prior to the appointment time. This allows us to reallocate the slot to another client who may be on a waiting list and also to avoid any disruptions in our service offerings.

Short Notice Cancellations: Any cancellation made within less than the 24-hour window preceding the appointment shall be deemed a "Short Notice Cancellation. " While we empathize with unforeseen circumstances that may cause such cancellations, it does pose logistical challenges to us.

No-Show Policy: If a client fails to show up for a scheduled massage session without prior intimation, this will be classified as a "No-Show." We reserve the right to impose a penalty for such instances.

Penalty Charges: In the case of a No-Show or Short Notice Cancellation, a charge of $40.00 shall be incurred by the client. This amount shall be automatically debited from the payment method that we have on file for the client.

Refund Policy. Once Services have been provided, we consider the transaction to be complete and fulfilled. As such, we have a strict no-refund policy in place. This means that, once the Services have been availed, we shall not be able to offer reimbursements or refunds for the cost associated with that Services, irrespective of the circumstances. We encourage our clients to communicate any concerns or issues they may encounter before availing of the Services. Our dedicated team is always available to address any queries and to ensure that you have all the necessary information before making a decision.

Indemnification.

You hereby agree to indemnify, defend, and hold Akari Sauna, its officers, directors, employees, agents, affiliates, and representatives harmless from and against all claims, demands, liabilities, damages, losses, and expenses, including but not limited to reasonable attorneys' fees and associated litigation expenses, that arise from or are related to:

Your access to or use of the Website or any content therein;
Any Services you procure, or products obtained from our locations;
Your breach or violation of any provision of this Agreement;
Your use of equipment in accessing the Website;
Infringement or violation of the intellectual property or other rights of any third party.

It is expressly understood and agreed that the indemnity obligations specified herein shall survive the termination, expiration, or cessation of this Agreement or your use of the Website and/or any Service provided by Akari Sauna.

Limitation of Liability.

To the fullest extent permitted by applicable law, Akari Sauna, its officers, directors, employees, agents, affiliates, and representatives shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

Your access to or use of or inability to access or use the Website or any content or services therein;
Any unauthorized access to or use of our secure servers and/or any personal information or financial data stored therein;
Any interruption or cessation of transmission to or from the Website;
Any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Website by any third party;
Any errors, inaccuracies, or omissions in any content or information, for any loss or damage incurred as a result of the use of any content or information, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we have been informed of the possibility of such damage; and/or
Any other matter relating to the Website or the services offered.

Notwithstanding the foregoing, if for any reason Akari Sauna is found to be liable, our liability to you or any third party is limited. Notwithstanding any other provision of this Agreement, in no event shall Akari Sauna's total liability to you for all claims, damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the sum of $300.00 or the total amount paid by you to Akari Sauna for availing any of its Services during the last two (2) months, whichever is lesser.

You acknowledge and agree that the above limitations of liability together with the other provisions in this Agreement that limit liability are essential terms and that Akari Sauna would not be willing to grant you the rights set forth in this Agreement but for your agreement to the above limitations of liability.

You agree that any claim or cause of action arising out of or related to the use of the Website, the Services, or this Agreement shall be filed within one (1) year after such claim or cause of action arose, irrespective of any statute or law to the contrary. Otherwise, such claim or cause of action shall be permanently barred.

Notices. By agreeing to this section, parties acknowledge that they understand the importance of maintaining up-to-date contact information and agree to be bound by the terms stipulated below regarding the delivery and receipt of Notices.

Method of Delivery: All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") shall be in writing and addressed to the parties at the addresses set forth on the first page of this Agreement or to such other address that may be designated by the receiving party from time to time in accordance with this section. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), certified or registered mail (in each case, return receipt requested, postage prepaid), or email (with confirmation of receipt).

Receipt of Notice: A Notice is effective only (a) upon receipt by the receiving party, and (b) if the party giving the Notice has complied with the requirements of this section.

Electronic Communication: For the convenience of the parties, any Notice given by email shall be treated as fulfilled when the email is sent, unless the sending party is notified that the email address is invalid. However, such mode of communication is only for informational purposes and cannot be used for official or legally binding communications.

Changes in Contact Information: It is the responsibility of both parties to notify the other party of any changes in their address or contact details. Failure to communicate such changes may result in a delay or failure in the delivery of any Notices.

Language: All Notices shall be in the English language. If there exists any Notice in another language, the English version shall prevail in case of inconsistencies or ambiguities.

Our Contact Details: For all official communications and notices pursuant to this Agreement, please direct your email correspondence to hello@akarisauna.com or by mail to 202 Grand Street, Brooklyn, NY 11211. Ensure that your notice clearly indicates the purpose and relevant details to facilitate prompt attention and action.

Intellectual Property Rights. The content and features presented on our Website and through our Services are an embodiment of our creativity, dedication, and innovation, governed by international intellectual property laws. The following provisions detail the rights and restrictions associated with such intellectual property.

Ownership. All content, features, and functionality on the Website and associated with the Services, including but not limited to all information, software, text, displays, graphics, images, video, and audio, as well as the design, selection, and arrangement thereof, are owned by Akari Sauna, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Restrictions. You are prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any of the material on our Website, except as expressly permitted by this Agreement or with the prior written consent of Akari Sauna.

Trademarks. Akari Sauna name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Akari Sauna or its affiliates or licensors. You may not use such marks without the prior written permission of Akari Sauna. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

No Transfer. Nothing in this Agreement should be interpreted as a transfer of any intellectual property owned by Akari Sauna or its licensors. All rights, titles, and interests in and to the Website and its content, excluding content provided by users, remain the sole property of Akari Sauna and its licensors.

Feedback. You may choose to, or Akari Sauna may invite you to submit comments, feedback, suggestions, or ideas relating to the Services, including how to improve the Services ("Feedback"). By submitting any Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and shall not place Akari Sauna under any fiduciary or other obligation. Akari Sauna may use, copy, modify, publish, or redistribute the Feedback for any purpose and in any way without any compensation to you. You also agree that Akari Sauna does not waive any rights to use similar or related feedback previously known to Akari Sauna, developed by its employees, or obtained from other sources.

Infringement Claims. If you believe that any content on our Website violates your intellectual property rights, you can report it to Akari Sauna. Upon receipt of a bona fide infringement notification, it is Akari Sauna's policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to such material, and, for repeat offenders, to terminate such user's access to the Services.

Governing Law; Dispute Resolution. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of New York, without regard to its rules governing conflicts of laws. The Parties consent to the exclusive jurisdiction of the New York County, New York, subject to any applicable jurisdiction rules. Each party waives any objections to jurisdiction or venue in any proceeding before such courts. In the event User is in breach, or threatens to breach any covenants of this Agreement, User acknowledges and agrees that Akari Sauna will be greatly damaged, and such breach will be irreparable and difficult to quantify; therefore, Akari Sauna may apply to any court of competent jurisdiction in the United States or any other jurisdiction accepting jurisdiction under this specific provision of the Agreement, that, notwithstanding the provisions of this Section, will apply the laws of its own jurisdiction in determining whether relief shall be granted to Akari Sauna, for injunctive or other equitable relief to restrain such breach or threat of breach, temporary or permanent, without impairing, invalidating, negating or voiding Akari Sauna’s rights to relief either at law or in equity.

Termination of Agreement. Akari Sauna reserves the right, in its sole discretion, to terminate this Agreement at any time, without prior notice. Such termination may result from circumstances including, but not limited to, the discontinuation of the Services, unexpected technical issues, or if Akari Sauna believes that you have violated or acted inconsistently with the spirit of this Agreement.

Effects of Termination. Upon termination of this Agreement:

Your rights under this Agreement shall immediately cease;
Any provisions of this Agreement that, by their nature, should survive termination shall remain in effect post-termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Notice of Termination. While we reserve the right to terminate without notice, Akari Sauna may, at its discretion, provide a notice of termination or changes to the Services, either via email, written notice, or a general posting on the Website.

No Liability: Akari Sauna shall not be liable to you or any third-party for termination of this Agreement or termination of your use of the Services.

Surviving Provisions: Notwithstanding the termination of this Agreement, any provisions of this Agreement that by their nature should survive the termination of this Agreement will survive such termination.

Member Accounts: If this Agreement is terminated for any reason, Akari Sauna reserves the right, without any liability to you, to disable or delete your account, including any Member's content, settings, or any other information associated with the account.

Miscellaneous.

Assignment. This Agreement may not be assigned by either party without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed. Notwithstanding the foregoing, Akari Sauna may assign this Agreement without the consent of the User to a successor of all or substantially all of its business, stock or assets, regardless of how the transaction or series of related transactions is structured.

Force Majeure. Except for obligations of payment, neither party shall be liable for any delay or failure in performing hereunder if such failure arises, directly or indirectly, out of causes beyond the reasonable control of such party, including acts of God, fire, flood, strikes, war, lightning, power surges or failures, terrorism, or acts or omissions of communications carriers. Performance shall be deferred until such cause of delay is removed, provided that the delayed party shall notify the other party of such occurrence promptly in writing.

Severability; Waiver. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision, and any such finding of invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In the event that any provision of this Agreement is held to be invalid or unenforceable, the parties agree that the remaining provisions shall remain in full force and effect, as if they had been executed by both parties subsequent to the expungement of the invalid or unenforceable provision. It is expressly understood, however, that the parties hereto intend each and every provision of this Agreement to be valid and enforceable, and hereby knowingly waive all rights to object to any provision of this Agreement. Accordingly, if any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision(s) will, rather than be stricken in their entirety, be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Any failure or delay by either party hereto to detect, protest, or remedy any breach of this Agreement, or to exercise any right or remedy shall not constitute a waiver or impairment of any such term or condition, or be deemed a waiver of any further, prior, or future right or remedy hereunder. A waiver may only occur pursuant to the prior written express permission of an authorized officer of the other party.

Modification of Agreement. Akari Sauna reserves the right, in its sole discretion, to unilaterally modify, amend, or update the provisions of this Agreement at any time and for any reason. Such changes will become effective immediately upon their posting on the Website or upon any notice provided to users. Your continued use of the Website and/or any Services provided by Akari Sauna following the posting of any changes or updates constitutes your acceptance of the revised Agreement. It is your responsibility to regularly check the Website and review the Agreement to stay informed of any modifications. If you do not agree to any changes made to the Agreement, you must immediately cease using the Website and the Services provided by Akari Sauna.

Entire Agreement. The Agreement, the exhibits and order forms annexed hereto, and any other agreements for additional services that refer to this Agreement together constitute the entire agreement and understanding of the parties, whether oral or written, relating to the subject matter hereof; are intended as the parties’ final expression and complete and exclusive statement of the terms hereof, superseding all prior or contemporaneous agreements, representations, promises and understandings, whether written or oral.

Captions. The captions used in this Agreement are for convenience of reference only and do not constitute a part of this Agreement and will not be deemed to limit, characterize or in any way affect any provision of this Agreement, and all provisions of this Agreement will be enforced and construed as if no caption had been used in this Agreement.

Waiver of Jury Trial. Each party acknowledges and agrees that any controversy which may arise under this agreement is likely to involve complicated and difficult issues and, therefore, each such party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this agreement or the transactions contemplated hereby.

Interpretation. The terms “hereof,” “herein” and “hereunder” and terms of similar import will refer to this Agreement as a whole and not to any particular provision of this Agreement. Section and clause references contained in this Agreement are references to Sections and clauses in or attached to this Agreement, unless otherwise specified. Each defined term used in this Agreement has a comparable meaning when used in its plural or singular form. Each gender-specific term used in this Agreement has a comparable meaning whether used in a masculine, feminine or gender-neutral form.