Welcome to Apty, a software as a service (SaaS) product provided by Apty Inc. ("we," "us," "our," or "Company"). By using any part of our SaaS product or related services (collectively, the "Service"), you agree to be bound by these Terms and Conditions ("Terms"), our Privacy Policy, and any additional terms and conditions that apply to specific sections of the Service.
Use of the Service
Subject to your acceptance of these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes. You may not use the Service for any unlawful purpose or in any way that violates these Terms.
Data and Privacy
We respect your privacy and are committed to protecting your personal information. By using the Service, you acknowledge and agree that we may access and use certain personally identifiable information ("PII") that you provide to us or that we collect about you during your use of the Service. This PII may include, but is not limited to, your name, email address, company name, and any other information that you provide to us.
We will only use your PII in accordance with our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy carefully to understand how we collect, use, and disclose your PII.
Intellectual Property
The Service and all content, software, and other materials used or displayed on or in connection with the Service, including all intellectual property rights therein, are the property of Company or its licensors and are protected by copyright, trademark, and other laws. You may not modify, copy, distribute, transmit, display, perform, reverse engineer, reproduce, publish, license, create derivative works from, transfer, or sell any of the Service, content, or materials without our prior written consent.
Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE WILL NOT EXCEED THE AMOUNT PAID BY YOU TO US FOR USE OF THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
Indemnification
You agree to indemnify, defend, and hold us and our affiliates, officers, directors, employees, agents, and licensors harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your use of the Service, (ii) your violation of these Terms, or (iii) your violation of any third-party rights.
Termination
Either party shall have the right to terminate the specified feature of the product at any time and for any reason. In order to effect such termination, the terminating party shall contact their designated Customer Success Representative and submit a written request. Upon receipt of said request, we shall promptly verify the validity of the termination request and, within 24-48 hours, disable the feature, thereby rendering it inaccessible to the requesting party. It is hereby emphasized that the cessation of any collection of personally identifiable information (PII) will coincide with the disabling of said feature.
Governing Law And Dispute Resolution
This document shall be governed by the laws of Delaware, without regard to its conflict of laws provisions. Any disputes arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
Miscellaneous
These Terms constitute the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, with respect to this feature in the Product. If any provision of these Terms is considered to be unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach of these Terms shall be deemed a waiver of any other breach, and no waiver shall be effective unless in writing and signed by an authorized representative of the waiving party.
BY CLICKING "ACCEPT" OR BY USING THE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE PRODUCT.