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Apturio Terms of Service
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Review the terms that govern access to and use of Apturio services, including our CRM tools, automation systems, AI features, communication tools, integrations, hosted environments, and related services.
These Terms and Conditions of Use (the “Terms”) govern access to and use of the websites, software applications, customer relationship management tools, automation systems, artificial intelligence features, communication tools, integrations, hosted environments, support portals, and all related products and services made available by Apturio Solutions Inc. (“Apturio,” “we,” “our,” or “us”).
These Terms form a legally binding agreement between Apturio and the person or legal entity accessing or using the Services (“Customer,” “you,” or “your”).
By accessing the Services, creating an account, executing an order form, subscribing to a plan, clicking acceptance, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Services.
These Terms are intended to complement and align with Apturio’s Master Services Agreement and applicable service annexes.
QUEBEC CONSUMER AND LANGUAGE NOTICE
If you are a consumer located in Quebec, certain mandatory rights under Quebec law may apply to you, including rights under the Consumer Protection Act, the Civil Code of Quebec, the Act respecting the protection of personal information in the private sector, and the Charter of the French Language. Nothing in these Terms limits, waives, excludes, or restricts rights that cannot legally be limited, waived, excluded, or restricted under applicable Quebec law.
Where these Terms are presented as a contract of adhesion to a customer located in Quebec, Apturio will make a French version of these Terms and related contractual documents available before the customer is asked to agree to an English-only version, unless an exception applies under applicable law. By accepting the English version after having had the opportunity to access the French version, you expressly request and agree that these Terms and related documents be drawn up in English. If you do not wish to contract in English, you should not accept the English version and should contact Apturio to request the French version.
If a translated version of these Terms is made available, and Quebec law requires the French version to prevail for a Quebec customer, the French version will prevail to the extent required by applicable law. Otherwise, the English version will govern, except where prohibited by applicable law.
DISTANCE CONTRACT AND ONLINE PURCHASE NOTICE
Where your purchase is made online, by telephone, by email, or through another remote contracting process, Apturio will provide the information required by applicable law before the contract is concluded, including, as applicable: Apturio’s legal identity and contact information; a description of the Services; the total price or method for calculating the price; applicable taxes; billing frequency; renewal terms; cancellation terms; refund terms; service delivery terms; and any material restrictions, limits, or conditions.
Apturio will provide you with a copy of the contract or transaction confirmation within the period required by applicable Quebec law.
The contract copy or confirmation will be capable of being saved and printed where required by law.
If Apturio fails to provide mandatory information, fails to provide the contract in a manner that can be saved and printed, fails to deliver the Services within the required or agreed period, or otherwise fails to meet a mandatory obligation under applicable Quebec consumer law, a Quebec consumer may have statutory cancellation and chargeback rights. Nothing in these Terms limits those statutory rights.
CONTRACTING ENTITY AND MERCHANT INFORMATION
The contracting entity is:
Apturio Solutions Inc.
Email: [email protected]
Website: https://apturio.com
Legal Center: https://legal.apturio.com
Business Address: 133 5e ave. Saint-Constant, Quebec, Canada. J5A1W3
Quebec Enterprise Number / Federal Corporation Number: 727028565
Privacy Officer / Person in charge of protection of personal information: [email protected]
Apturio may update the above contact information by posting an updated version of these Terms or an updated Legal Center notice.
DEFINITIONS
“Add-Ons” means additional product enhancements, including Limit increases and other add-ons, that are made available for purchase and are listed in the “Add-Ons & Limit Increases” and the “Technical Limits and Definitions” sections of our Products and Services Catalog.
“Agreement” or “Customer Terms of Service” means these General Terms and all materials referred or linked to in here, unless otherwise stated. Throughout this Agreement, we may link to knowledge base articles to help facilitate your use of our products and services and manage your Apturio account; however, these knowledge base articles are for your information only, and they are not incorporated into this Agreement unless expressly stated.
“Authorized Payment Method” means a current, valid payment method accepted by us, as may be updated from time to time and which may include payment through your account with a third party.
“Beta Service” means a program, service, or feature of a service that is designated, labeled, described, or presented to you or the user as beta, alpha, experimental, pilot, limited release, in development, developer preview, non-production, or evaluation, such that it is provided prior to general commercial release.
“Billing Period” means the period for which you agree to prepay fees under an Order Form. This may be the same length as the Current Term specified in the Order Form, or it may be shorter. For example, if you subscribe to the Subscription Service for a one (1) year Current Term, with a twelve (12) month upfront payment, the Billing Period will be twelve (12) months.
“Confidential Information” means all confidential information disclosed by a party and its Affiliates (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that a reasonable person would consider confidential. Confidential Information includes all information concerning the Disclosing Party’s customers and potential customers, past, present or proposed products, marketing plans, engineering and other designs, technical data, business plans, business opportunities, finances, research, development, and the terms and conditions of this Agreement. Confidential Information does not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) is received from a third party without breach of any obligation owed to the Disclosing Party; or (iv) was independently developed by the Receiving Party. Subject to the foregoing exclusions, Customer Data will be considered Confidential Information under this Agreement regardless of whether or not it is designated as confidential.
“Contact” means a single individual, other than a User, whose information is stored by you in the Subscription Service.
“Consulting Services” means the professional services provided to you by us, which may include training services, installation, integration, configuration, migration, onboarding, support, or other consulting services.
“Customer Data” means all information that you submit or collect via the Subscription Service. Customer Data does not include Apturio Content.
“Customer Materials” means all materials that you provide or post, upload, input, or submit for public display through the Subscription Service.
“DPA” means the Apturio Data Processing Agreement at https://legal.apturio.com/dpa.
“Email Send Limit” means the number of emails that you may send in any given calendar month, as detailed in the Product and Services Catalog.
“Free Services” means the Subscription Service or other products or features made available by us to you on an unpaid trial or free basis.
“Apturio Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into the Subscription Service or Consulting Services, including enrichment data, templates, workflows, prompts, automation structures, documentation, examples, forms, and other platform-provided materials.
“Jurisdiction-Specific Terms” means the additional terms that apply to your subscription depending on your location. These terms form part of the Agreement and are included in this Agreement or made available through the Apturio Legal Center.
“Order” or “Order Form” means the Apturio-approved form or online subscription process by which you agree to subscribe to the Subscription Service and purchase Consulting Services. Your Order Form is incorporated into the Agreement.
“Overages” means additional fees incurred when you exceed your plan credits, usage allocation, or applicable Limit, and configure your account to pay-as-you-go or otherwise incur Overages instead of automatically upgrading.
“Personal Data” means any information relating to an identified or identifiable individual where such information is protected similarly as personal data, personal information, or personally identifiable information under Data Protection Laws, as defined in the DPA.
“Privacy Policy” means the Apturio Privacy Policy available at https://legal.apturio.com/privacy-policy, as updated by us from time to time.
“Subscription Fee” means the amount you pay for the Subscription Service.
“Subscription Service” means Apturio’s hosted subscription products, SaaS services, CRM tools, automation tools, communication tools, artificial intelligence features, workflow tools, forms, funnels, websites, support tools, integrations, and related hosted features made available to you.
“Subscription Term” means, collectively, the initial term of your subscription to the applicable Subscription Service, as specified on your Order Form(s) (the “Initial Term”), and each subsequent renewal period, if any (each a “Renewal Term”). Your “Current Term” is your then-current committed period of Subscription Services, as either an Initial Term or Renewal Term. For Free Services, the Subscription Term will be the period during which you have an account to access the Free Services.
“Third-Party Products” means non-embedded products and professional services that are provided by third parties which interoperate with or are used in connection with the Subscription Service. Third-Party Products include non-Apturio products and services available from marketplaces, directories, integrations, payment processors, communication providers, artificial intelligence providers, hosting providers, and links made available through the Subscription Service.
“Third-Party Sites” means third-party websites linked to from within the Subscription Service, including communications services.
“Users” means your employees, representatives, consultants, contractors, or agents who are authorized to use the Subscription Service for your benefit and have unique user identifications and passwords for the Subscription Service.
“Apturio,” “we,” “us,” or “our” means Apturio Solutions Inc.
“You,” “your,” or “Customer” means the person or entity using the Subscription Service or receiving the Consulting Services and identified in the applicable account record, billing statement, online subscription process, or Order Form as the customer, including your Affiliates included in the scope of your purchase.
2. USE OF SERVICES
2.1 Access. During the Subscription Term, we will provide your Users access to use the Subscription Service as described in this Agreement and the applicable Order. We may provide your Users access to use our Free Services at any time by activating them in your Apturio account. We might provide some or all elements of the Subscription Service through third-party service providers.
2.1.1 User Access. You must ensure that all access, use, and receipt by your Users is subject to and in compliance with this Agreement. You may provide access and use of the Subscription Service to your Affiliate’s Users or allow them to receive Consulting Services purchased under an Order, provided that all such access, use, and receipt is subject to and in compliance with the Agreement. You will at all times remain liable for your Affiliates’ compliance with the Agreement. You must be 18 years of age or older to use the Subscription Service.
2.1.2 Unauthorized Access. You will notify us promptly of any unauthorized use of your Users’ identifications and passwords or your account by emailing [email protected].
2.2 Additional Features. You may subscribe to additional features of the Subscription Service by placing an additional Order or activating the additional features from within your Apturio account if this option is made available by us. This Agreement will apply to all additional Orders and all additional features that you activate from within your Apturio account.
2.3 Limits. The limits that apply to you will be specified in your Order Form, this Agreement, the Product and Services Catalog, your checkout page, or inside the Subscription Service. For Free Services, limits may also be designated only from within the product itself. These are collectively referred to as “Limits.”
2.4 Downgrades. You are not permitted to downgrade your Subscription Service during your Current Term unless otherwise required by applicable law or expressly agreed by Apturio. You may downgrade your Subscription Services at your next renewal date upon completion of a new Order Form.
2.5 Modifications. We may modify the Subscription Service during the Subscription Term, including by adding or removing features, functions, Limits, or Add-Ons that apply to your subscription. Any modifications we make will not materially degrade the overall functionality of the Subscription Service during the Current Term to which you subscribe except as follows: (i) modifications to Free Services; (ii) modifications resulting from changes outside of our control, such as changes to applicable law or changes related to Third-Party Products; (iii) as otherwise specified in our Product Specific Terms; or (iv) modifications to any Beta Services.
If the modification materially degrades the overall functionality of the Subscription Service and Apturio is unable to provide you with substantially similar functionality, your remedy is termination of your Subscription Services and a pro-rated refund of unused fees, except where applicable law provides a different mandatory remedy.
2.6 Customer Support. For information on customer support terms that apply to your subscription, please refer to the applicable Order, Product Specific Terms, support policy, or service description.
2.7 Acceptable Use. You will comply with our Acceptable Use Policy at https://legal.apturio.com/acceptable-use (“AUP”).
2.8 Prohibited and Unauthorized Use. You will not use the Subscription Service in any way that violates the AUP or for any purpose or in any manner that is unlawful or prohibited by this Agreement. You will not: (i) directly or indirectly reverse engineer, decompile, disassemble, or otherwise attempt to uncover or discover the source code, object code, underlying structure, ideas, know-how, or algorithms relevant to the Subscription Services or any software, documentation, or data related to the Subscription Services; (ii) modify, translate, or create derivative works based on the Subscription Services except to the extent expressly permitted by us; or (iii) remove any proprietary notices or labels.
2.8.1 Use Restrictions. You may not use the Subscription Service if you are legally prohibited from receiving or using the Subscription Service under the laws of the country, province, state, or territory in which you are resident or from which you access or use the Subscription Service.
2.8.2 Additional Restrictions. You may not use the Subscription Service in a way that would violate local or industry-specific regulations, including laws governing children’s privacy, health information, financial information, security, electronic communications, anti-spam, consumer protection, professional services, or regulated industries.
2.9 Customer Responsibilities. To realize the full value of the Subscription Service and Consulting Services, your participation and effort are needed. Resources that may be required from you include a project manager, one or more content creators, a sales sponsor, an executive sponsor, and a technical resource or equivalent. Responsibilities that may be required include planning marketing programs; setting a content creation calendar; creating blog posts, social media content, CTAs, downloads, emails, nurturing content, and other materials; acting as internal liaison between sales and marketing; providing internal goals for use of the Subscription Service; attending regular success review meetings; and supporting integration of the Subscription Service with other sales and marketing systems.
2.10 Free Trial. If you register for a free trial, we will make the applicable Subscription Service available to you on a trial basis free of charge until the earlier of: (a) the end of the free trial period if not terminated earlier; or (b) the start date of your paid subscription. Unless you purchase a subscription to the applicable Subscription Service before the end of the free trial, all of your data in the Subscription Service may be permanently deleted at the end of the trial, and we will not recover it, except where applicable law requires otherwise. If we include additional terms and conditions on the trial registration page, those will apply as well.
2.11 Legacy Products. If you have a legacy Subscription Service, some features and Limits may be different than those that appear in these Terms, Product Specific Terms, or Product and Services Catalog. If you have legacy Subscription Services, we may choose to move you to our then-current products at any time, subject to this Agreement and applicable law. If you determine that you are using a legacy product and would like to upgrade to a current version, you must execute a new Order.
3. FEES
3.1 Subscription Fees. The Subscription Fee will not increase during the Current Term of your subscription unless: (i) you exceed applicable Limits and incur Overages invoiced at the then-current rates disclosed in the Product and Services Catalog, Order, checkout page, or account settings; (ii) you upgrade products or base packages, including upgrades resulting from exceeding Limits; (iii) you complete a purchase to subscribe to Add-Ons or additional products; or (iv) otherwise agreed in your Order Form. We may decrease your fees upon written notice to you.
3.2 Fee Adjustments at Renewal. Upon renewal, we may increase your Subscription Fees up to our then-current list price set out in the Product and Services Catalog or applicable pricing page. If this increase applies to you, we will notify you at least thirty (30) days in advance of your renewal, or such longer period as required by applicable law, and the increased fees will apply at the start of the next Renewal Term. If you do not agree to this increase, you may terminate your subscription at the end of your Current Term by giving notice as described in the “Notice of Non-Renewal” section.
3.3 Payment of Fees. If you are paying by credit card or another electronic payment method, you authorize us to charge your Authorized Payment Method for all fees payable during the Subscription Term, including recurring fees, Overages, Add-Ons, implementation fees, consulting fees, taxes, and any other amounts you agree to pay. You further authorize us to use third parties to process payments and consent to the disclosure of your payment information to such third parties.
3.3.1 Authorized Payment Method. We may refuse your existing Authorized Payment Method, including where we have information indicative of fraud or security risk associated with the payment method, and require you to add a new Authorized Payment Method.
3.3.2 Billing. In the event of a failed attempt to charge your Authorized Payment Method, we reserve the right, and you authorize us, to retry billing your Authorized Payment Method. If you update your Authorized Payment Method to remedy a change in validity or expiration date, we will automatically resume billing. We may also receive updates on your Authorized Payment Method through our payment service providers and automatically resume billing. We may suspend your access in accordance with the “Suspension” section or terminate your account in accordance with the “Termination for Cause” section if we remain unable to successfully charge a valid Authorized Payment Method.
3.3.3 Collection and Setoff Rights. Subject to applicable law, you authorize us to collect outstanding fees owed by you under this Agreement, including from: (i) your Authorized Payment Method on file; (ii) any reserves, deposits, or funds held by us or our payment processors on your behalf; and (iii) any other payment methods or accounts you have provided to us. Subject to applicable law, we may set off and deduct amounts you owe us from amounts we may owe you, including refunds, credits, or other payments. These rights are in addition to other rights and remedies available to us.
3.4 Payment Against Invoice. All amounts invoiced are due and payable within thirty (30) days from the date of invoice unless otherwise specified in the Order Form. If you are paying by invoice, we will invoice you at the beginning of the applicable Current Term and each subsequent Billing Period.
3.5 Company and Payment Information. You will keep your business information up to date, including company name, address, primary contact, Authorized Payment Method, billing information, and tax information. Changes may be made on your Billing Page within your Apturio account or by contacting Apturio support.
You authorize Apturio to continue to charge your Authorized Payment Method for applicable fees during your Subscription Term and until outstanding fees have been paid in full. Payment obligations are non-cancelable and amounts paid are non-refundable except as specifically provided in this Agreement or required by applicable law. Fees are due and payable in advance throughout the Subscription Term unless otherwise stated. If you are an Apturio Solutions Partner that purchases on behalf of a client, you agree to be responsible for the Order Form and to guarantee payment of all fees.
3.6 Sales Tax. All fees are exclusive of taxes unless expressly stated otherwise. We will charge taxes as applicable, including GST, QST, PST, HST, VAT, or other sales, use, or transaction taxes. You agree to pay taxes applicable to your use of the Subscription Service and performance of Consulting Services. You will have no liability for taxes based upon our gross revenues or net income. At our request, you will provide tax identification information under which you are registered; missing this information may impact our ability to service your account, including issuing refunds or credits for applicable taxes.
If you are located in Canada, fees are exclusive of GST, QST, PST, and HST, as applicable. If you are located in the European Union, the United Kingdom, or Switzerland, fees are exclusive of VAT unless otherwise stated, and you represent that you are registered for VAT purposes where applicable. If you do not provide a country-specific tax number prior to the transaction being processed, we may not issue refunds or credits for VAT that was charged unless required by applicable law.
3.7 Withholding Tax. If you are required to deduct or withhold tax from payment of your Apturio invoice, you may deduct this amount from the applicable Subscription Fee to the extent it is a withholding tax required under laws that apply to you. You will not be required to repay the deducted amount to us if you present us with a valid tax receipt verifying payment of the deducted amount to the relevant tax authority within ninety (90) days from the invoice date. If you do not provide this tax receipt within the specified period, all fees, inclusive of the deducted amount, will be immediately due and payable, and failure to pay may result in suspension or termination for non-payment.
3.8 Subscription Renewal and Cancellation Disclosure. Unless otherwise stated in the applicable Order or checkout page, paid subscriptions automatically renew at the end of the Current Term for the shorter of the same duration as the prior term or one year. Before you subscribe, Apturio will disclose the recurring nature of the subscription, the billing frequency, the amount or method for calculating charges, applicable taxes, cancellation method, renewal terms, and material limits.
You may cancel automatic renewal through the cancellation method made available in your account, by contacting [email protected], or by any other method expressly stated in your Order or checkout page. Cancellation of automatic renewal does not cancel the Current Term unless applicable law gives you a cancellation right or Apturio expressly agrees otherwise. If you are a Quebec consumer, statutory cancellation rights may apply in addition to the contractual cancellation rights stated here.
3.9 Refunds and Statutory Rights. Except as expressly stated in this Agreement, an Order, or required by applicable law, fees are non-refundable. This limitation does not limit cancellation, refund, reimbursement, or chargeback rights that cannot be waived under applicable Quebec consumer law.
4. TERM AND TERMINATION
4.1 Term and Renewal. Your Initial Term will be specified in your Order. Unless otherwise specified in your Order, your subscription will automatically renew for the shorter of the same duration as your prior term or one year. Except as specifically provided in this Agreement or required by applicable law, you may not cancel your subscription prior to the end of your Current Term, and we will not provide refunds of prepaid fees or unused Subscription Fees through the end of your Current Term.
4.2 Notice of Non-Renewal. You may choose to cancel automatic renewal of your subscription at the end of the Current Term by providing notice through the cancellation method stated in your Order, checkout page, account settings, or by emailing [email protected]. Unless otherwise specified in your Order, notice of non-renewal must be received before the renewal date. Apturio will process cancellation requests within a commercially reasonable time.
4.3 Termination for Cause. Either party may terminate this Agreement for cause, as to any or all Subscription Services: (i) upon thirty (30) days’ notice to the other party of a material breach if such breach remains uncured at expiration of such period; or (ii) immediately, if the other party becomes subject to bankruptcy, insolvency, cessation of business, liquidation, or assignment for the benefit of creditors.
We may also terminate this Agreement for cause on thirty (30) days’ notice if we determine in good faith that you are acting, or have acted, in a way that has or may negatively affect us, our prospects, our customers, our platform, our reputation, our security, or our compliance obligations. This clause will be interpreted subject to applicable consumer protection and civil law requirements.
4.4 Suspension.
4.4.1 Suspension for Prohibited Acts. We may suspend any User’s access to any or all Subscription Services without notice for: (i) use of the Subscription Service in a way that violates applicable local, provincial, state, federal, or foreign laws or regulations or the terms of this Agreement; (ii) use of the Apturio email send service that results in excessive bounces, spam complaints, direct abuse complaints, or removal requests; or (iii) repeated posting or uploading material that infringes or is alleged to infringe copyright, trademark, privacy, publicity, or other rights of a person or entity.
We may, without notice, review and delete any Customer Data or Customer Materials that we determine in good faith violate these Terms or the AUP, provided that we have no duty, unless applicable law provides otherwise, to prescreen, control, monitor, or edit Customer Data or Customer Materials.
4.4.2 Suspension for Non-Payment. We will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend access to any or all Subscription Services ten (10) days after such notice. We will not suspend the Subscription Service while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If a Subscription Service is suspended for non-payment, we may charge a re-activation fee to reinstate the Subscription Service, subject to applicable law.
4.4.3 Suspension for Present Harm. Apturio may, with electronic or telephonic notice to you where reasonably practicable, suspend all or any access to the Subscription Service if your website or use of the Subscription Service: (i) is being subjected to denial-of-service attacks or other disruptive activity; (ii) is being used to engage in denial-of-service attacks or other disruptive activity; (iii) is creating a security vulnerability for the Subscription Service or others; (iv) is exhibiting anomalous usage patterns, consuming excessive bandwidth or storage, or showing signs of fraudulent or compromised access; or (v) is causing harm to us or others.
We will make commercially reasonable efforts to limit suspension to the affected portion of the Subscription Service, and each party will make reasonable efforts to promptly resolve the issues causing suspension. Nothing in this clause limits our right to terminate for cause.
4.4.4 Suspension and Termination of Free Services. We may suspend, limit, or terminate Free Services for any reason at any time without notice, subject to applicable law. We may terminate your subscription to Free Services due to inactivity.
4.5 Effect of Termination or Expiration. If your paid subscription is terminated or expires, we may continue to make available Free Services; however, this may not apply if your Agreement was terminated for cause. You will continue to be subject to this Agreement for as long as you have access to an Apturio account.
Upon termination or expiration of this Agreement, you will stop all use of the Subscription Service and Apturio Content. If you terminate this Agreement for cause, we will promptly refund any prepaid but unused fees covering use of the Subscription Service after termination. If we terminate this Agreement for cause, you will promptly pay all unpaid fees due. Fees are otherwise non-refundable except as required by applicable law.
4.6 Data Export After Termination. Upon termination or expiration, you may have a limited period to retrieve Customer Data, subject to the DPA, Product Specific Terms, technical limitations, and applicable law. Apturio may delete Customer Data after the applicable retention period. You are responsible for exporting Customer Data before termination where export functionality is available.
5. CUSTOMER DATA
5.1 Customer’s Proprietary Rights. You own and retain all rights to Customer Materials and Customer Data. You grant permission to us and our licensors to use Customer Materials and Customer Data as necessary to provide the Subscription Service and Consulting Services to you, as permitted by this Agreement and applicable law. If you are using the Subscription Service or receiving Consulting Services on behalf of another party, you represent and warrant that you have sufficient and necessary rights and permissions to do so.
5.2 Limits on Apturio. We will use Customer Data to provide, secure, support, maintain, improve, and administer the Subscription Service and Consulting Services, as permitted by this Agreement and applicable law.
5.3 Data Practices.
5.3.1 Machine Learning and AI. Apturio may provide artificial intelligence features, automation tools, prediction tools, content generation tools, classification tools, lead scoring tools, chatbot tools, workflow automation, and other AI-enabled features. AI outputs may be inaccurate, incomplete, biased, inappropriate, delayed, or unsuitable for your use case. You are responsible for reviewing, approving, validating, and supervising AI outputs before relying on them or sending them to third parties.
Apturio does not provide legal, medical, financial, accounting, tax, professional, or regulated advice through AI features. AI features are not a substitute for human professional judgment. You are responsible for configuring AI workflows, prompts, escalation rules, approval rules, customer communications, and human review processes appropriate for your business and applicable laws.
Apturio may use Customer Data to develop, support, secure, and improve Apturio AI features and functionality where permitted by the Agreement and applicable law. To the extent required by applicable law, Apturio will obtain appropriate consent or provide appropriate opt-out mechanisms before using Customer Data to train AI models. You may opt out of having Customer Data used for AI training by updating your settings in your Apturio account where such settings are available or by contacting Apturio. If you opt out, we will no longer collect Customer Data for that purpose unless you later update your settings and opt in, subject to technical limitations and applicable law.
5.3.2 Automated Decisions. Where Apturio uses Personal Data to render a decision based exclusively on automated processing that produces legal effects concerning an individual or otherwise significantly affects the individual, Apturio will provide notice and explanations required by applicable law. Where you configure automated workflows, AI agents, scoring rules, or automated communications using the Subscription Service, you are responsible for determining whether those configurations involve automated decision-making under laws applicable to you, providing legally required notices to your end users, and enabling any required human review, correction, objection, or appeal rights.
5.3.3 Apturio Tracking Code and Customer Websites. You may choose to include the Apturio tracking code designed to monitor digital interactions (the “Apturio Tracking Code”) in Customer content you use in Apturio, including your websites or digital properties (“Customer Websites”). The Apturio Tracking Code is available to use with or without enrichment products; please refer to the Product Specific Terms for additional details. We may use data collected through the Apturio Tracking Code, which may include Personal Data such as IP addresses and other online identifiers (“Website Data”), to provide, maintain, append, improve, enhance, and develop our commercial dataset and Subscription Services, where permitted by applicable law.
You are responsible for providing legally required notices and obtaining legally required consents for cookies, tracking technologies, analytics, pixels, forms, chat widgets, call tracking, messaging, and related technologies deployed on Customer Websites or communication channels.
5.3.4 Privacy Policy. For more information on these practices, please see our Privacy Policy.
5.4 Protection of Customer Data. The terms of the DPA are incorporated by reference and will apply to the extent Customer Data includes Personal Data. The DPA sets out how we process Personal Data on your behalf in connection with the Subscription Services provided to you under this Agreement. We will maintain commercially appropriate administrative, physical, and technical safeguards to protect Personal Data as described in the DPA.
5.5 Regional Data Hosting. We may store Customer Data in a specific location or geographical region, such as the United States, Canada, European Union, or other region, as part of your subscription subject to these Terms. Customer Data may be replicated for disaster recovery, security, support, and backup purposes.
5.5.1 Exclusions to Hosting Location. Any Hosting Location commitment does not apply to or cover: (i) Add-Ons, Third-Party Products, or Beta Services; (ii) Consulting Services; (iii) Apturio Content; (iv) analytics generated in connection with the Subscription Service; (v) support, security, logging, or monitoring data; (vi) User or end-user access from outside the Hosting Location; or (vii) data processed by subprocessors or integrations outside the Hosting Location. WE MAKE NO WARRANTY THAT A SPECIFIC HOSTING LOCATION WILL MEET YOUR DATA RESIDENCY REQUIREMENTS unless expressly agreed in a separate written agreement.
5.6 Data Transfers. We and our Affiliates, service providers, and subprocessors may transfer Personal Data outside Quebec and outside Canada, including to the United States, in connection with the Subscription Service, DPA, and Privacy Policy. Before transferring Personal Data outside Quebec where required by applicable law, Apturio will take measures required by law, which may include assessing relevant privacy risks and using contractual safeguards. You are responsible for determining whether your use of the Subscription Service requires additional disclosures, consents, or assessments for your own customers, contacts, employees, or end users.
5.7 Retention, Deletion, and Retrieval of Customer Data. For information regarding retention and deletion of Customer Data, please see the DPA and Product Specific Terms. You can learn more about your right to retrieve Customer Data from your Apturio account in the applicable Product Specific Terms. Apturio will retain Personal Data only as long as reasonably necessary for the purposes described in the Agreement, DPA, Privacy Policy, or as required or permitted by law.
5.8 Privacy Rights and Requests. Individuals may have privacy rights under applicable law, including rights to access, rectify, withdraw consent, request deletion, request de-indexation where applicable, obtain information about automated decisions, and receive data portability where applicable. Where Apturio acts as a service provider or processor for you, you are responsible for responding to requests from your end users, and Apturio will provide reasonable assistance as described in the DPA.
5.9 Privacy Officer and Complaints. Apturio has designated a person responsible for the protection of personal information. Contact information for this person is provided in the Privacy Policy or merchant information section of these Terms. Privacy complaints may be sent to [email protected] or [insert privacy email].
5.10 Security Incidents. Apturio will handle confidentiality incidents, security incidents, and data breaches in accordance with the DPA, Privacy Policy, and applicable law. You are responsible for promptly notifying Apturio of suspected unauthorized access to your account, credentials, integrations, automations, or Customer Data.
6. INTELLECTUAL PROPERTY
6.1 Ownership. This is an agreement for access to and use of the Subscription Service, and you are not granted ownership of any software by this Agreement. We retain all intellectual property rights to Apturio Content, the Subscription Service, Consulting Services, and any other products or services provided under this Agreement. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on Apturio Content, the Subscription Service, or Consulting Services in whole or in part by any means, except as expressly authorized in writing by us.
6.2 Suggestions. We encourage customers to comment on the Subscription Service or Consulting Services and provide suggestions for improvement. You agree that comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the Subscription Service or Consulting Services without payment or attribution to you, except where prohibited by applicable law.
7. CONFIDENTIALITY
7.1 Confidential Information Obligations. The Receiving Party will: (i) protect the confidentiality of the Confidential Information of the Disclosing Party using the same degree of care it uses to protect its own confidential information of like kind, but in no event less than reasonable care; (ii) not use Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement; (iii) not disclose Confidential Information of the Disclosing Party to any third party except service providers, subprocessors, professional advisors, and Apturio Solutions Partners bound by confidentiality obligations; and (iv) limit access to Confidential Information of the Disclosing Party to employees, contractors, agents, and Affiliates who need such access for purposes consistent with this Agreement and who are bound by confidentiality obligations no less protective than those herein.
7.2 Confidential Information Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under applicable law, subpoena, court order, or legal process, provided that, where legally permitted: (i) the Receiving Party will provide prompt notice sufficient to allow the Disclosing Party to object or seek a protective order; (ii) the Receiving Party will disclose only the minimum amount required; and (iii) the Receiving Party will provide reasonable assistance, at the Disclosing Party’s cost, in opposing disclosure or seeking a protective order.
8. PUBLICITY
8.1 Publicity Rights. You grant us the right to add your name and company logo to our customer list and website, subject to your opt-out right and applicable law.
8.2 Publicity Opt-Out. You may opt out of this use by sending an email to [email protected]. Upon receipt of your opt-out request, Apturio will remove your name and logo from new publicity materials within a commercially reasonable time.
9. INDEMNIFICATION
9.1 Customer Indemnification. You will indemnify, defend, and hold us and our Affiliates harmless, at your expense, against any third-party claim, suit, action, or proceeding brought against us or our officers, directors, employees, agents, service providers, licensors, and Affiliates by a third party not affiliated with us to the extent such Action arises out of: (i) unauthorized or illegal use of the Subscription Service by you or your Affiliates; (ii) your or your Affiliates’ noncompliance with or breach of this Agreement; (iii) your or your Affiliates’ use of Third-Party Products; (iv) the unauthorized use of the Subscription Service by any other person using your User information; (v) Customer Data or Customer Materials; or (vi) your configuration or use of AI, automation, messaging, tracking, or communication features in violation of law or third-party rights.
We will notify you in writing within thirty (30) days of becoming aware of any such Action, give you sole control of the defense or settlement, and provide information and assistance reasonably requested by you at your expense. You will not accept any settlement that imposes an obligation on us, requires us to make an admission, imposes liability not covered by these indemnifications, or places restrictions on us without our prior written consent.
9.2 Apturio Indemnification. We will indemnify, defend, and hold you harmless, at our expense, against any Action brought against you by a third party not affiliated with you to the extent such Action is based upon an allegation that the Subscription Service infringes a valid patent in a member state of the Patent Cooperation Treaty, registered trademark, or registered copyright.
You will notify us in writing within thirty (30) days of becoming aware of any such Action, give us sole control of the defense or settlement, and provide information and assistance reasonably requested by us at our expense. We will not accept any settlement that imposes an obligation on you, requires you to make an admission, imposes liability not covered by these indemnifications, or places restrictions on you without your prior written consent.
We will not have any obligation or liability under this section if the alleged Action is caused by or based on: (i) combination of the Subscription Service with hardware, software, equipment, or data not provided by us; (ii) modification of the Subscription Service by anyone other than us or by us according to your specifications; (iii) use of the Subscription Service in violation of or outside the scope of this Agreement; (iv) an allegation that the Subscription Service consists of a function, system, or method traditionally used in marketing, sales, CRM, automation, AI, or services software that is not commercially unique; or (v) user interface or related user design elements not provided by us.
If such Action occurs or is likely, we may, at our sole option and expense: (a) modify the Subscription Service or provide substitute non-infringing Subscription Service; (b) obtain a license or permission for you to continue using the Subscription Service at no additional cost; or (c) if neither option is commercially practicable, terminate your access to the affected Subscription Service and refund prepaid but unused fees covering use after termination. This section states our entire liability and your sole and exclusive contractual remedy for claims covered by this section, except where applicable law requires otherwise.
10. DISCLAIMERS; LIMITATION OF LIABILITY
10.1 Performance Warranty. We warrant that: (i) the Subscription Service and Consulting Services will be provided in a manner consistent with generally accepted industry standards; and (ii) we will not knowingly introduce viruses or other forms of malicious code into the Subscription Service. This warranty does not apply if you only use Free Services.
In the event of non-conformance with this warranty, we will use commercially reasonable efforts to correct the non-conformance. If we cannot correct it within sixty (60) days from the date you notified us of the non-conformity, either party may terminate this Agreement by providing written notice within thirty (30) days after the end of that period. If either party terminates for this reason, we will refund prepaid but unused fees covering use of the Subscription Service after termination.
We will not have obligation or liability under this section if the non-conformance is caused by: (i) combination of the Subscription Service with hardware, software, equipment, or data not provided by us; (ii) modification of the Subscription Service by anyone other than us or by us according to your specifications; or (iii) use of the Subscription Service in violation of or outside the scope of this Agreement.
10.2 Disclaimer of Warranties. EXCEPT AS SET FORTH IN THE “PERFORMANCE WARRANTY” SECTION, WITHOUT LIMITING OUR OBLIGATIONS IN THE “PROTECTION OF CUSTOMER DATA” SECTION, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, ACCURACY, OR COMPLETENESS OF THE SUBSCRIPTION SERVICE, DATA SYNCHED TO OR MADE AVAILABLE FROM THE SUBSCRIPTION SERVICE, APTURIO CONTENT, AI OUTPUTS, AUTOMATION OUTPUTS, OR CONSULTING SERVICES FOR ANY PURPOSE. APIs MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE SUBSCRIPTION SERVICE, APTURIO CONTENT, AI OUTPUTS, AUTOMATION OUTPUTS, AND CONSULTING SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH WARRANTIES OR CONDITIONS CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.
10.3 No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THEORY OF LIABILITY.
10.4 Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, AND EXCEPT FOR: (i) YOUR LIABILITY FOR PAYMENT OF FEES; (ii) YOUR LIABILITY ARISING FROM INDEMNIFICATION; (iii) OUR LIABILITY ARISING FROM IP INDEMNIFICATION; (iv) YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS; (v) LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (vi) ANY OTHER EXCLUSION STATED IN AN ORDER OR REQUIRED BY LAW, IF EITHER PARTY OR ITS AFFILIATES IS DETERMINED TO HAVE LIABILITY TO THE OTHER PARTY, ITS AFFILIATES, OR ANY THIRD PARTY, THE AGGREGATE LIABILITY OF A PARTY AND ITS AFFILIATES WILL BE LIMITED TO A SUM EQUAL TO THE TOTAL AMOUNTS PAID OR PAYABLE FOR THE SUBSCRIPTION SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU ONLY USE FREE SERVICES AND WE ARE DETERMINED TO HAVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM YOUR USE OF FREE SERVICES, OUR AGGREGATE LIABILITY WILL BE LIMITED TO ONE HUNDRED CANADIAN DOLLARS (CAD $100), EXCEPT WHERE APPLICABLE LAW REQUIRES OTHERWISE.
10.5 Third-Party Products. WE AND OUR AFFILIATES DISCLAIM LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE, TO THE EXTENT PERMITTED BY LAW. THIRD-PARTY PRODUCTS MAY BE SUBJECT TO SEPARATE TERMS, PRIVACY POLICIES, DATA PROCESSING TERMS, SERVICE LIMITS, FEES, OUTAGES, OR CHANGES. OUR LICENSORS WILL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT EXCEPT WHERE APPLICABLE LAW REQUIRES OTHERWISE.
10.6 Agreement to Liability Limit. You understand and agree that absent your agreement to this limitation of liability, we would not provide the Subscription Service to you at the same price or on the same terms.
10.7 Mandatory Legal Rights. Nothing in this Agreement excludes, restricts, or limits liability or remedies that cannot be excluded, restricted, or limited under applicable Quebec consumer protection, privacy, or civil law.
11. GOVERNING LAW AND JURISDICTION
This Agreement is governed by the laws of Quebec, Canada, and the federal laws of Canada applicable therein, without regard to conflict of law rules. Subject to any mandatory rights under applicable law, including consumer protection laws, the parties submit to the exclusive jurisdiction of the courts located in the Province of Quebec, Canada.
If you are a Quebec consumer, nothing in this section limits any mandatory jurisdiction, venue, or procedural rights that cannot be waived under applicable law.
12. MISCELLANEOUS
12.1 Amendment; No Waiver. We may modify any part or all of the Agreement by posting a revised version at https://legal.apturio.com. The revised version will become effective on the date stated in the revised version or, if no date is stated, the next business day after it is posted, subject to applicable law. We will provide notice of material revisions by email, in-app notification, posting in the Legal Center, or another legally sufficient method.
If you do not agree with a modification to the Agreement, you must notify us in writing within thirty (30) days after we send notice of the revision. If you give this notice, your subscription will continue to be governed by the terms and conditions in effect before modification until your next renewal date, unless we can no longer reasonably provide the subscription under the prior terms, the modification is required by law, the modification relates to Third-Party Products outside our control, or applicable law permits the modification. If we terminate affected Subscription Services because we cannot provide them under the prior terms, we will refund prepaid but unused fees covering use after termination.
No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
12.2 Force Majeure. Except for payment obligations of amounts due under this Agreement, neither party will be responsible for failure or delay of performance caused by events outside the reasonable control of the obligated party, including act of war, hostility, sabotage, act of God, natural disaster, electrical outage, internet or telecommunication outage not caused by the obligated party, government restriction, pandemic, labor disruption, supply chain disruption, cyberattack, or failure of a Third-Party Product. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
12.3 Actions Permitted. Except for actions for nonpayment, breach of proprietary rights, confidentiality breaches, privacy incidents, indemnification claims, or claims that cannot be contractually shortened under applicable law, no action arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action accrued.
12.4 Relationship of the Parties. You and we agree that no joint venture, partnership, employment, franchise, fiduciary, or agency relationship exists between us.
12.5 Compliance with Laws. We will comply with applicable Canada and Quebec laws in our provision of the Subscription Service, Consulting Services, and processing of Customer Data. We reserve the right at all times to disclose information as necessary to satisfy applicable law, regulation, legal process, or governmental request.
You will comply with all applicable laws in your use of the Subscription Service and Consulting Services, including privacy, consumer protection, language, anti-spam, electronic communications, telemarketing, advertising, employment, export, trade, sanctions, professional, and industry-specific laws. You are responsible for ensuring that your use of Apturio workflows, forms, emails, SMS, calls, chatbots, AI agents, cookies, tracking, and integrations complies with laws that apply to your business and your customers.
Any code of conduct, investor relations materials, public policies, or website materials are incorporated into this Agreement only if expressly stated as incorporated in these Terms or an applicable Order.
12.6 Severability. If any part of this Agreement or an Order Form is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be interpreted, modified, or superseded by a valid, enforceable provision that most closely matches the intent of the original provision, to the extent permitted by law, and the remainder of this Agreement will continue in effect. Headings and section titles are provided for convenience only.
12.7 Notices. Notices to Apturio will be sent to [email protected] and to the address set forth in the Contracting Entity and Merchant Information section, and will be deemed delivered as of the date of actual receipt.
Notices to you may be sent to your address, email address, phone number, account notification center, or other contact information provided in your Apturio account. We may give electronic notices by general notice via the Subscription Service, by email, by in-app notification, or through the notifications center of the Subscription Service. You must keep your account information current.
12.8 Entire Agreement. This Agreement, including the applicable Order, Privacy Policy, DPA, AUP, Product Specific Terms, and documents expressly incorporated by reference, is the entire agreement between us for the Subscription Service and Consulting Services and supersedes all other proposals and agreements, whether electronic, oral, or written. We object to and reject additional or different terms proposed by you, including those contained in purchase orders, acceptances, supplier portals, or websites. Our obligations are not contingent on delivery of future functionality or features or dependent on oral or written comments made by us regarding future functionality or features.
We may make versions of this Agreement available in languages other than English. Language precedence will be handled as described in the Quebec Consumer and Language Notice and as required by applicable law.
12.9 Assignment. You will not assign or transfer this Agreement without our prior written consent, except that you may assign this Agreement to a successor by reason of merger, reorganization, sale of all or substantially all assets, change of control, or operation of law. We may assign this Agreement to any Apturio Affiliate or in the event of merger, reorganization, sale of all or substantially all assets, change of control, or operation of law, subject to applicable law.
12.10 No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or will confer upon any third-party person or entity any right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement, except where expressly stated or required by law.
12.11 Contract for Services. This Agreement is a contract for provision of services and not a contract for sale of goods. The provisions of the Uniform Commercial Code (UCC), the Uniform Computer Information Transaction Act (UCITA), or substantially similar legislation will not apply to this Agreement except where mandatory law requires otherwise. The United Nations Convention on Contracts for the International Sale of Goods will not govern this Agreement.
12.12 Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms. You further warrant and represent that you have authority to procure your Affiliates’ compliance with the terms of this Agreement.
12.13 Order of Precedence. In the event of a conflict between the terms of the Agreement and an Order, the Order will control only as to that Order. In the event of a conflict between these Terms and mandatory applicable law, mandatory applicable law will control. In the event of a conflict between these Terms and the DPA regarding processing of Personal Data, the DPA will control only with respect to such processing.
12.14 Survival. The following sections will survive expiration or termination of this Agreement: Definitions; Fees; Prohibited and Unauthorized Use; Termination for Cause; Suspension; Effect of Termination or Expiration; Intellectual Property; Customer’s Proprietary Rights; Confidentiality; Publicity; Indemnification; Disclaimers and Limitations of Liability; Governing Law and Jurisdiction; Miscellaneous; Contracting Entity and Merchant Information; Privacy Rights and Requests; and any other section that by its nature should survive. Additionally, data retrieval, Beta Services, audit, payment, and compliance provisions in Product Specific Terms or the DPA will survive as applicable.
13. QUEBEC-SPECIFIC CONSUMER TERMS
13.1 Application. This section applies only to customers who are consumers located in Quebec, to the extent the Consumer Protection Act or other mandatory consumer protection laws apply.
13.2 No Waiver of Legal Warranty or Mandatory Rights. Nothing in these Terms limits the legal warranty, statutory cancellation rights, chargeback rights, privacy rights, language rights, or other rights that a Quebec consumer cannot legally waive.
13.3 Required Information Before Purchase. Before a Quebec consumer completes an online purchase, Apturio will make available information required by applicable law, including the merchant’s identity, contact information, service description, price, taxes, billing frequency, payment terms, service delivery terms, cancellation terms, refund terms, and any material restrictions.
13.4 Contract Copy. Apturio will provide a copy of the contract or confirmation of the transaction within the legally required period following the purchase. The contract or confirmation will be capable of being saved and printed where required by law.
13.5 Cancellation for Legal Non-Compliance. If Apturio fails to comply with mandatory online contract requirements, fails to deliver the Services within the agreed or legally required period, or otherwise triggers a statutory cancellation right, a Quebec consumer may cancel the contract and seek reimbursement in accordance with applicable law.
13.6 Chargeback Rights. Where payment was made by credit card and a Quebec consumer has validly cancelled an online purchase but has not received reimbursement within the legally required period, the consumer may have the right to request a chargeback from the credit card issuer in accordance with applicable law.
13.7 Service Contracts. If the Agreement is characterized as a contract for services under the Civil Code of Quebec, a Quebec consumer may have rights to terminate the service contract under mandatory Civil Code provisions. Apturio may be entitled to payment for Services provided before termination and damages where permitted by law.
13.8 Abusive, Illegible, or External Clauses. Any clause that is abusive, illegible, incomprehensible, or external and not properly brought to the consumer’s attention will be interpreted in accordance with applicable Quebec law.
14. AI, AUTOMATION, AND COMMUNICATIONS ADDITIONAL TERMS
14.1 Customer Control of Automations. You are responsible for designing, approving, monitoring, and maintaining workflows, bots, prompts, triggers, messages, lead scoring rules, booking logic, pipeline automation, and other automated processes configured in your account.
14.2 Human Review. You should implement appropriate human review for automations that may affect customer rights, sensitive matters, regulated services, pricing, eligibility, account access, health, finance, legal matters, employment, insurance, housing, credit, or other significant decisions.
14.3 Communication Compliance. You are responsible for ensuring that messages sent through the Subscription Service comply with applicable anti-spam, telemarketing, electronic communications, consent, opt-out, do-not-call, messaging platform, and advertising laws. This includes CASL, TCPA, CTIA rules, WhatsApp policies, Meta policies, carrier rules, email service rules, and any similar laws or policies that apply to your communications.
14.4 AI Outputs. AI outputs are generated by probabilistic systems and may not be accurate or appropriate. You are responsible for reviewing outputs before use. Apturio is not responsible for decisions made by you or your Users based on AI outputs except to the extent liability cannot be limited under applicable law.
15. THIRD-PARTY PRODUCTS AND SUBPROCESSORS
15.1 Third-Party Dependencies. The Subscription Service may interoperate with or depend on third-party platforms, including CRM infrastructure, communication providers, messaging providers, hosting providers, payment processors, AI providers, analytics providers, calendar providers, email providers, and integration providers.
15.2 Changes by Third Parties. Third-Party Products may be modified, discontinued, limited, suspended, priced differently, or made unavailable by their providers. Apturio is not responsible for third-party changes outside its control, but will use commercially reasonable efforts to mitigate material impacts where practicable.
15.3 Separate Terms. Your use of Third-Party Products may be subject to separate terms and privacy policies. You are responsible for complying with those terms.
15.4 Subprocessors. Apturio may use subprocessors to provide the Subscription Service. Information about subprocessors will be provided in the DPA, Privacy Policy, or upon request where required by applicable law.
16. FINAL OVERRIDE FOR LEGAL COMPLIANCE
If any provision of these Terms conflicts with mandatory applicable law, including mandatory Quebec consumer protection, privacy, language, or civil law, the mandatory law will prevail to the minimum extent necessary. The remainder of these Terms will remain in effect.