Terms of Use

Effective Date: Jan 01, 2025
Company: Apprand Web Inc. (“Apprand”, “we”, “us”, “our”)
Website: https://apprand.com (the “Site”) and any related pages, portals, demos, or web apps we make available (collectively, the “Services”).

1) Acceptance of These Terms

By accessing or using the Site or Services, you agree to be bound by these Terms of Use (“Terms”) and our Privacy Policy (incorporated by reference). If you do not agree, do not use the Site or Services.

2) Who May Use the Site

You must be at least the age of majority in your place of residence and have the legal authority to enter into these Terms. You are responsible for ensuring your use complies with all applicable laws.

3) Changes to These Terms

We may update these Terms at any time by posting a revised version and updating the “Effective Date.” Continued use after changes means you accept the updated Terms.

4) Accounts; Security

Some features require an account. You agree to:

• provide accurate, complete information;

• keep your credentials confidential; and

• promptly notify us of any unauthorized use.
  You are responsible for all activities under your account.

5) Scope of Services & Content

The Site may include: company information, blogs, documentation, pricing overviews, demos/trials, download areas, client portals, and integrations. Content is for general information only, provided “as is,” and may be updated or removed without notice.

5.1 No Professional Advice

Content on the Site (including technical, DevOps, Data/AI, security, and finance-related content) is for informational purposes only and does not constitute professional advice. You should consult qualified professionals for advice tailored to your situation.

5.2 Demonstrations, Sandboxes & Trials

If we provide demo software, trial features, sample datasets, test environments, or AI/ML prototypes, you use them at your own risk. Demos and trials may be time-limited, rate-limited, incomplete, anonymized, or contain synthetic data and may not reflect production performance.

6) License & Ownership

6.1 Your License to Use the Site

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your internal, lawful business purposes.

6.2 Our Intellectual Property

All content and materials on the Site (text, designs, logos, graphics, code, documentation, videos, templates, data models, diagrams, and trademarks) are owned by Apprand or its licensors and are protected by IP laws. Except as expressly permitted, you may not copy, modify, distribute, sell, reverse engineer, or create derivative works.

6.3 Third-Party and Open-Source Components

Our Services may use or reference third-party services and open-source software under their own licenses. To the extent required, applicable notices and licenses will be provided within the product, repository, or upon request.

7) Acceptable Use & Prohibited Conduct

You agree not to:

• violate laws or the rights of others;

• upload or transmit malicious code, malware, or attempts to gain unauthorized access;

• probe, scan, or test the vulnerability of any system or network without written authorization;

• interfere with Service integrity or performance;

• use scraping, bots, or automated means without our prior written consent (standard search engine indexing excluded);

• use the Services for high-risk activities where failure could lead to death, personal injury, or severe environmental damage;

• misrepresent your identity or affiliation;

• post, upload, or transmit content that is illegal, infringing, harassing, defamatory, hateful, or otherwise objectionable;

• bypass or violate usage limits, rate limits, or API policies we specify.

8) User Content; Feedback

8.1 User Content

If you submit or upload data, text, images, code snippets, or other materials (“User Content”), you:

• represent that you have all necessary rights;

• grant us a worldwide, non-exclusive, royalty-free license to use, host, reproduce, and display such content to operate and improve the Services.
  You retain ownership of your User Content.

8.2 Feedback

If you provide ideas or suggestions (“Feedback”), you grant us a perpetual, irrevocable, royalty-free license to use the Feedback without restriction or obligation.

9) Data Privacy & Security

Your use of the Site is subject to our Privacy Policy. We employ reasonable organizational and technical measures designed to protect information, but no method is 100% secure. For customer data processed under a paid engagement (e.g., managed services, integration projects, SaaS), a separate Master Services Agreement (“MSA”) and/or Data Processing Addendum (“DPA”) may apply and govern in case of conflict.

10) AI/ML & Automation Disclaimers

• Model Behavior: AI features (e.g., chatbots, analytics, predictive models) may generate outputs that are probabilistic, may be inaccurate or incomplete, and should be reviewed by qualified personnel before reliance.

• Data Use: You are responsible for ensuring your inputs/outputs comply with applicable data protection, intellectual property, and industry regulations.

• Usage Limits: We may throttle, filter, or disable AI features to protect system integrity and comply with law or provider terms.

11) Third-Party Services & Links

The Site may integrate with or link to third-party websites, APIs, cloud providers (e.g., AWS/Azure/GCP), payment processors, or POS/ERP/CRM systems. We are not responsible for third-party content, terms, or privacy practices. Your use of third-party services is governed by their terms.

12) Beta, Preview, or Experimental Features

We may offer experimental features (“Beta”). Betas are provided as-is, may be modified or discontinued at any time, and may not be supported. Your use is at your own risk.

13) Service Orders, SOWs, & Customer Agreements

Any professional services, managed services, SaaS subscriptions, or deliverables you purchase from us are governed by separate commercial terms (e.g., Order Forms, SOWs, MSA, DPA, SLA). If there is a conflict, the commercial terms prevail over these Terms for the purchased services.

14) Payment (If Applicable on the Site)

If we accept orders or payments on the Site, you agree to pay all fees, taxes, and charges disclosed at checkout. All purchases are subject to any posted refund, cancellation, or renewal policies.

15) Export, Sanctions & Compliance

You represent that you are not located in, under the control of, or a national or resident of any country subject to embargoes or sanctions and that you will not use the Services in violation of export control or sanctions laws. You agree to comply with anti-corruption, anti-bribery, and anti-money-laundering laws.

16) Accessibility

We aim to make the Site accessible. If you encounter barriers, contact us at accessibility@apprand.comso we can help.

17) DMCA / IP Complaints

If you believe content on the Site infringes your IP rights, send a notice to legal@apprand.com with:

• your contact details;

• identification of the work claimed to be infringed;

• the URL/location of the allegedly infringing material;

• a statement of good-faith belief;

• a statement under penalty of perjury that the information is accurate and you are authorized;

• an electronic or physical signature.
  We may remove content and, if appropriate, terminate repeat infringers.

18) Termination; Suspension

We may suspend or terminate access to the Site or Services at any time, with or without cause, including for suspected violations of these Terms or to protect the security and integrity of our systems.

19) Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, CONTENT, DEMOS, BETA FEATURES, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

20) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL APPRAND, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.

21) Indemnification

You will defend, indemnify, and hold harmless Apprand and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Site or Services; (b) your User Content; (c) your violation of these Terms or applicable law; or (d) your infringement or misappropriation of any third-party rights.

22) Confidentiality (For Logged-In/Client Areas)

If you access client portals, pre-release features, or non-public content, you agree to keep Confidential Information in strict confidence and use it solely for authorized purposes. “Confidential Information” includes non-public technical, business, security, architectural, pricing, and roadmap information.

23) Communications & Notices

By contacting us or creating an account, you consent to receive communications (e.g., service notices, security alerts, administrative messages). You may opt out of marketing emails using provided links. Formal notices may be sent to legal@apprand.com or to your account email.

24) Governing Law; Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

The parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario, sitting in the City of Toronto, for any disputes, claims, or proceedings arising out of or relating to these Terms, the Site, or the Services. You expressly waive any objection to venue or jurisdiction.

25) International Users

You are responsible for compliance with local laws. Accessing the Site from territories where its content