Terms of Use

1. About Aptic

Aptic provides AI-assisted consulting, business management, strategy, marketing, operations, finance-related analysis, reporting, analytics, automation support, and managed business services.

Aptic may help businesses:

• Analyze business, marketing, financial, operational, website, and customer data.
• Identify issues, opportunities, risks, data gaps, and strategic priorities.
• Generate recommendations, reports, projections, plans, tasks, workflows, and action proposals.
• Prepare or execute approved business actions.
• Manage projects, tasks, decisions, approvals, experiments, and measurements.
• Monitor outcomes and improve future recommendations.

Aptic may provide services through software, AI systems, deterministic workflows, automation tools, employees, contractors, consultants, analysts, operators, service providers, and other authorized personnel.

Aptic is not a law firm, accounting firm, investment adviser, broker-dealer, bank, money transmitter, tax adviser, insurance adviser, medical provider, employment agency, staffing firm, or regulated financial institution. Unless we separately agree in a signed written agreement, our services are for business decision support, consulting, operational assistance, and automation support only.

Joining our waitlist or submitting an inquiry does not create an obligation for either party to enter into an engagement. We may decline to offer services to anyone for any lawful reason.

2. Eligibility, Business Use, and Authority

You may use the services only if you are at least 18 years old and have the legal capacity to enter into these Terms.

The services are offered for business, professional, and organizational purposes only, not for personal, family, or household purposes. By using the services, you confirm that you are using them for business purposes.

If you use the services on behalf of a company, nonprofit, organization, or other entity, you represent that you have authority to bind that entity to these Terms. In that case, “you” and “your” refer to both you and the entity you represent.

You are responsible for ensuring that any users you invite to your workspace have appropriate authority, permissions, and access rights.

3. Accounts and Workspaces

Some services require an account or workspace. You agree to provide accurate and complete information, keep your credentials secure, and notify us promptly if you believe your account, workspace, credentials, API keys, connected accounts, or permissions have been compromised.

You are responsible for all activity under your account and workspace, including activity by your employees, contractors, consultants, invited users, administrators, and other authorized users.

Aptic may rely on workspace roles, approval settings, connected account permissions, instructions, and authorizations provided by you or your users, and may treat any instruction or approval given through your account or by your users as given by you.

4. Service Scope, Service Orders, and Order of Precedence

Certain Aptic services may be subject to a separate order form, subscription plan, proposal, statement of work, master services agreement, service agreement, or written scope document (“Service Order”).

A Service Order may describe the services, fees, minimum term, deliverables, timelines, responsibilities, access permissions, approval requirements, delegated authority, human support, automation settings, and limitations that apply to a specific engagement.

If a Service Order conflicts with these Terms, the Service Order controls for that specific engagement only to the extent it expressly states that it overrides a specific section of these Terms. Otherwise, these Terms control.

Aptic is responsible only for services expressly included in the applicable Service Order, subscription plan, or written agreement. Any services, deliverables, actions, outcomes, or responsibilities not expressly included are outside the scope unless separately agreed in writing. Time frames are estimates unless a Service Order states that a date is a firm commitment.

5. Professional Services and Human Consulting

Aptic may provide software, AI-assisted tools, consulting services, managed services, implementation support, strategy services, marketing services, operations support, finance-related analysis, automation support, reporting, project management, and other business services through Aptic employees, contractors, consultants, analysts, operators, agents, or service providers (“Aptic Personnel”).

Aptic Personnel may, depending on your plan or Service Order:

• Review Customer Data.
• Analyze business performance.
• Generate recommendations and reports.
• Prepare business actions for approval.
• Configure workflows, tools, reports, dashboards, or connected systems.
• Create, update, or manage tasks, projects, experiments, decisions, and follow-ups.
• Assist with marketing, analytics, operations, strategy, finance-related analysis, automation, or management processes.
• Communicate with you or your authorized users.
• Take actions on your behalf when authorized.

Aptic decides which Aptic Personnel perform the services and may change them at any time. Unless a Service Order expressly says otherwise, no specific individual is promised for an engagement.

Advice and recommendations from Aptic Personnel are business consulting opinions. They are not professional, legal, tax, accounting, or other regulated advice, and they do not create a fiduciary relationship.

You remain responsible for your business, including your strategies, budgets, campaigns, operations, finances, legal obligations, customer relationships, vendor relationships, employment decisions, product decisions, compliance obligations, and final business outcomes.

Unless otherwise agreed in a signed written agreement, Aptic Personnel do not have authority to make binding business decisions, enter into contracts, spend funds, change budgets, submit legal or regulatory filings, hire or fire personnel, make employment decisions, communicate with regulators, move money, approve financial transactions, or take high-risk actions on your behalf without your approval or authorization.

6. Customer Data and Customer Materials

You may provide or connect business information to Aptic, including website data, advertising data, analytics data, financial data, operational data, customer information, documents, spreadsheets, strategy materials, business plans, communications, tasks, account data, and other business content (“Customer Data”). Customer Data includes any logos, images, videos, designs, copy, product information, brand assets, and other creative or marketing materials you or your team, agency, or partners supply (“Customer Materials”).

You retain ownership of your Customer Data.

You grant Aptic a limited, worldwide, non-exclusive, royalty-free right to access, host, store, copy, transmit, process, analyze, display, adapt as needed for technical delivery, create derivative operational outputs from, and otherwise use Customer Data as needed to:

• Provide, support, secure, maintain, and improve the services.
• Deliver consulting, managed services, reports, recommendations, automations, and support.
• Perform actions you authorize, including publishing or submitting Customer Materials to connected services.
• Monitor quality, security, reliability, usage, and performance.
• Comply with legal obligations and enforce agreements.

You represent and warrant that you have, and will maintain, all rights, licenses, permissions, notices, consents, and legal bases needed to provide Customer Data to Aptic and for Aptic to use it as described in these Terms, including any personal information, confidential information, customer information, employee information, financial information, third-party platform data, regulated information, and intellectual property in Customer Materials. You are responsible for the accuracy, quality, legality, and content of Customer Data and Customer Materials, including claims made in advertising and marketing.

7. AI-Generated Outputs and Recommendations

Aptic may use artificial intelligence, machine learning, deterministic analysis, rules engines, analytics workflows, third-party models, and automation systems to generate reports, insights, recommendations, analyses, summaries, projections, plans, tasks, experiments, decision briefs, action proposals, and other outputs (“Outputs”).

AI systems are probabilistic. Outputs may be based on limited, incomplete, outdated, inaccurate, or unverified data, and may contain errors, omissions, or content that appears confident but is wrong. Similar or identical Outputs may be generated for other customers. You are responsible for reviewing Outputs before relying on them, approving them, publishing them, sharing them, or using them to make business, financial, legal, operational, marketing, employment, or strategic decisions.

Aptic does not warrant that Outputs are unique, accurate, complete, or free from third-party rights, or that they comply with the laws, platform policies, or industry rules that apply to your business. You are responsible for confirming that any Output you publish or use complies with those requirements.

Aptic does not guarantee any specific business outcome, revenue increase, cost reduction, profit improvement, margin improvement, marketing performance, search ranking, conversion lift, operational improvement, financing result, compliance result, investment result, hiring result, or business success. Examples, case studies, and illustrative results on our website are not promises of future results.

8. Human Review, Approval, and Delegated Authority

Some Aptic features or services may prepare, recommend, or perform business actions, including changes to campaigns, budgets, websites, content, workflows, reports, tasks, communications, experiments, projects, automations, or connected systems.

Unless a feature, autonomy setting, Service Order, or written instruction authorizes automatic execution, actions must be reviewed and approved by you or your authorized users before execution.

If you approve, authorize, enable, or instruct Aptic to take an action, whether through the platform, approval workflow, autonomy setting, email, message, Service Order, connected account permission, automation setting, API, integration, or other clear authorization, you authorize Aptic and Aptic Personnel to perform that action on your behalf, and the action is treated as your action.

You are responsible for reviewing the action, confirming its accuracy, ensuring it is appropriate for your business, maintaining required approvals and permissions, and monitoring the consequences of the action.

Aptic may refuse, delay, pause, cancel, escalate, or require additional approval for any action that we believe may be unlawful, unsafe, unauthorized, harmful, high-risk, outside the agreed scope, inconsistent with responsible business practice, or likely to create legal, financial, operational, security, reputational, or compliance risk. Aptic is not liable for any consequence of refusing, delaying, pausing, or escalating an action in good faith.

9. Automated Actions and Autonomy Settings

Aptic may offer automation features that execute actions automatically or semi-automatically based on your autonomy level, configuration, approval settings, rules, thresholds, budgets, limits, policies, connected accounts, or instructions.

Any action taken within the autonomy level, limits, and permissions in effect for your workspace is authorized by you, whether or not a person reviewed that specific action.

If you enable automated or semi-automated actions, you are responsible for:

• Choosing the autonomy level and risk settings.
• Setting approval requirements, budgets, and spending limits.
• Reviewing action scopes and permissions.
• Monitoring results and reports.
• Maintaining access controls.
• Confirming that the automation is lawful and appropriate for your business.
• Pausing or disabling automations when they are no longer appropriate.

Rollback, pause, and undo features are provided on a best-effort basis. Some actions cannot be fully reversed, including actions that have already reached customers, been published, been processed by a third party, or incurred charges.

Aptic is not responsible for losses or consequences arising from autonomy levels, automation settings, limits, permissions, approvals, credentials, connected accounts, or instructions configured by you or your authorized users, except to the extent caused by Aptic’s gross negligence, willful misconduct, or other liability that cannot be limited under applicable law.

10. Third-Party Charges, Advertising Spend, and Platform Accounts

You are solely responsible for all advertising spend, media costs, platform fees, software subscriptions, purchases, taxes, and other third-party charges incurred through your accounts or through actions you authorize, including actions taken within your autonomy settings (“Third-Party Charges”). Third-Party Charges are billed by the third party to you, are separate from Aptic’s fees, and are not refundable by Aptic.

Aptic does not hold your payment credentials and does not move money on your behalf, unless a signed written agreement expressly provides otherwise. Budgets and spending limits you set are instructions to Aptic; they do not guarantee that a third-party platform will not exceed them, and third-party platforms may spend, bill, or pace budgets according to their own rules.

Your advertising, analytics, commerce, and other platform accounts belong to you and are governed by the third party’s terms and policies. You are responsible for complying with those terms and policies. Aptic is not liable for account suspensions, rejected ads, policy enforcement, billing decisions, or other actions taken by third-party platforms.

11. Communications Sent on Your Behalf

If Aptic prepares or sends emails, text messages, ads, posts, or other communications for your business, those communications are sent on your behalf and you are the sender. You are responsible for ensuring that you have any consents, opt-ins, and lawful basis required to contact recipients, that your lists are lawfully obtained, and that communications comply with applicable laws, including anti-spam, telemarketing, consumer protection, advertising, and privacy laws (such as the CAN-SPAM Act and the Telephone Consumer Protection Act).

You are responsible for honoring opt-out and unsubscribe requests in your own systems and for the accuracy of claims, offers, and prices in your communications.

12. Reliance on Your Information and Instructions

Aptic may rely on information, instructions, permissions, credentials, approvals, business rules, materials, data, assumptions, budgets, goals, account access, and configurations provided by you or your users, without independently verifying them.

Aptic is not responsible for errors, losses, delays, missed opportunities, incorrect recommendations, failed actions, or business consequences caused by inaccurate, incomplete, outdated, misleading, unauthorized, or unavailable information provided by you, your users, your connected systems, or third-party platforms.

You agree to promptly update relevant information and notify Aptic if any instructions, permissions, assumptions, goals, or connected account settings are incorrect or no longer valid.

13. Third-Party Services and Integrations

Aptic may connect to or rely on third-party services, including advertising platforms, analytics platforms, websites, search platforms, financial systems, operational tools, customer systems, email tools, cloud services, AI model providers, automation platforms, payment providers, and other applications.

Your use of third-party services is governed by the terms and policies of those third parties. Aptic is not responsible for third-party services, outages, API changes, data availability, data accuracy, permission changes, account suspensions, rate limits, security incidents, platform decisions, rejected actions, or errors caused by third-party systems. If a third party changes or discontinues a service, Aptic may change or discontinue the related feature without liability.

You authorize Aptic to access, process, transmit, and use information from connected services as needed to provide the services you request. Our use of information received from Google APIs is described in our Privacy Policy.

14. Partners and Referrals

At your request, Aptic may introduce you to third-party designers, agencies, copywriters, photographers, developers, accountants, attorneys, or other professionals (“Partners”). Partners are independent businesses, not Aptic Personnel.

Any engagement with a Partner is solely between you and that Partner, under terms you agree with them. Aptic does not supervise, guarantee, or endorse Partners’ work, and is not responsible for their services, advice, deliverables, fees, conduct, or availability.

15. Professional, Legal, Financial, Tax, and Regulated Advice Disclaimer

Aptic provides business consulting, analytics, automation support, and AI-assisted decision support. Unless separately agreed in a signed written agreement, Aptic does not provide legal, tax, accounting, audit, investment, insurance, medical, immigration, employment-law, or regulated financial advice.

Work related to legal, compliance, contracts, or policies, including work by any Aptic office with “legal” or “compliance” in its name, is business and operational support only. It is not legal advice, does not create an attorney-client relationship, and is not protected by attorney-client privilege.

Aptic may provide finance-related analysis, such as margin analysis, runway estimates, unit economics, projections, budget variance, profitability analysis, or cash-flow scenarios. These are decision-support materials only and are not accounting opinions, tax advice, investment advice, audited financial statements, valuations, financing advice, or guarantees.

Outputs and recommendations about people, such as workload, hiring plans, pay ranges, or performance, are decision support only. You make all employment decisions and must not use Outputs as the sole basis for any decision about hiring, firing, pay, promotion, credit, housing, insurance, or other decisions with legal or similarly significant effects on individuals.

You should consult qualified professionals before making decisions that require professional judgment or regulated advice.

16. Financial Projections and Business Forecasts

Aptic may generate budgets, forecasts, projections, runway estimates, break-even estimates, unit economics, sensitivity analyses, pricing scenarios, market-entry scenarios, business plans, and other forward-looking analyses.

These are based on available data, assumptions, estimates, and models. They are not guarantees. Actual results may differ materially.

You are responsible for reviewing assumptions, validating calculations, updating inputs, and deciding whether to rely on or act on any projection or forecast.

17. Acceptable Use

You agree not to use the services to:

• Violate any law, regulation, contract, intellectual property right, privacy right, publicity right, or third-party right.
• Upload, process, or transmit unlawful, deceptive, harmful, defamatory, infringing, malicious, or abusive content.
• Misrepresent your identity, authority, business, products, services, credentials, or results.
• Interfere with, disrupt, overload, or compromise the services.
• Attempt to reverse engineer, decompile, scrape, copy, exploit, bypass, or gain unauthorized access to the services, or to extract prompts, models, or underlying systems.
• Use the services to create or distribute malware, phishing, spam, fraud, deception, unlawful surveillance, or harmful automation.
• Use the services to make unlawful, discriminatory, or harmful decisions, or to make decisions with legal or similarly significant effects on individuals without meaningful human review.
• Submit highly sensitive information unless the service expressly supports it and you have the required legal basis and permissions.
• Use Aptic to provide competing services, develop competing systems, train AI models, or benchmark the services for competitive purposes without our written permission.
• Use the services in violation of export control or sanctions laws.
• Remove, obscure, or alter proprietary notices.

We may suspend or terminate access if we believe your use violates these Terms or creates legal, security, operational, financial, reputational, or compliance risk.

18. Confidentiality

Each party may receive non-public business, technical, financial, customer, product, strategic, operational, or other confidential information from the other party (“Confidential Information”). Aptic’s Confidential Information includes non-public information about the services, pricing, methods, prompts, workflows, and systems.

The receiving party agrees to use reasonable care to protect Confidential Information, to use it only for the purpose of providing or receiving the services, and to disclose it only to its personnel, contractors, service providers, and advisers who need to know it and are bound by confidentiality obligations at least as protective as these Terms.

Confidentiality obligations do not apply to information that is publicly available through no fault of the receiving party, independently developed without use of Confidential Information, rightfully received from a third party without a duty of confidentiality, approved for disclosure by the disclosing party, or required to be disclosed by law or legal process. If disclosure is required by law, the receiving party will give reasonable notice where legally permitted.

These obligations continue for three years after the relationship ends, and for trade secrets, for as long as the information remains a trade secret.

19. Intellectual Property

Aptic and its licensors own all rights in the services, software, workflows, interfaces, designs, systems, models, prompts, templates, documentation, report templates, methods, processes, automations, know-how, and technology used to provide the services, including all improvements to them, whether or not based on feedback or work performed for you. Aptic may use the general skills, knowledge, and experience gained while providing the services.

Subject to your compliance with these Terms and payment of fees, Aptic grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the services for your internal business purposes.

You retain ownership of Customer Data. Unless otherwise agreed in writing, you may use Outputs generated for your workspace for your business purposes, subject to Aptic’s rights in its underlying templates, methods, and technology.

Aptic may collect and use information about how the services are used, such as performance, configuration, and usage data, and may create aggregated or de-identified data that does not identify you or any individual, to operate, secure, and improve the services. Aptic owns that usage, aggregated, and de-identified data.

You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, or create derivative works from the services except as expressly allowed by these Terms or applicable law.

20. Feedback

If you provide ideas, suggestions, requests, comments, or feedback, you grant Aptic a perpetual, irrevocable, worldwide, royalty-free right to use them without restriction or compensation. We are not required to treat feedback as confidential.

21. Fees, Billing, and Payment

Fees, billing terms, minimum terms, renewal terms, taxes, and cancellation terms are set out in your quote or Service Order. Unless your Service Order says otherwise, fees are billed in advance in U.S. dollars, and a minimum term applies as stated in your quote.

Fees are non-cancellable during any minimum term and non-refundable except where required by law or expressly agreed in writing. Discounted, nonprofit, or pro bono pricing applies only while you meet its eligibility conditions and may be changed for future terms with notice.

Fees exclude taxes, duties, and Third-Party Charges. You are responsible for all applicable sales, use, value-added, withholding, and similar taxes, other than taxes on Aptic’s income.

You must notify us in writing of any good-faith invoice dispute within 30 days of the invoice date; otherwise the invoice is accepted. Overdue amounts may accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower, and you will reimburse reasonable costs of collection, including attorneys’ fees.

If payment is overdue, we may suspend or terminate the services after notice. We may change our fees for future terms with at least 30 days’ notice.

22. Beta, Preview, and Experimental Features

Aptic may offer beta, preview, experimental, or early-access features. These features may be incomplete, unstable, inaccurate, or changed or discontinued at any time.

Beta features are provided “as is,” without any warranty, service commitment, or indemnity, and may be subject to additional limits, disclaimers, or terms.

23. Security

We use reasonable administrative, technical, and organizational measures designed to protect the services and Customer Data.

However, no system is completely secure. You are responsible for securing your accounts, devices, credentials, API keys, connected services, user permissions, and workspace access.

You must promptly notify us of any suspected security incident involving your account, workspace, credentials, connected systems, or Customer Data. If we become aware of a security incident that affects your Customer Data, we will notify you as required by applicable law.

24. Suspension and Termination

You may stop using the services at any time. Ending use does not end payment obligations for any minimum term or for services already provided.

We may suspend or terminate your access, in whole or in part, immediately and without liability, if you violate these Terms, fail to pay required fees, create risk for Aptic or others, use the services unlawfully, or if continued access would be harmful, unsafe, or commercially unreasonable. We may also pause automations at any time to prevent harm.

On termination, your right to use the services ends, all unpaid fees become due, and automations stop. For 30 days after termination, you may request a copy of Customer Data that remains available in your workspace, in a format we choose. After that, we may delete Customer Data, subject to our Privacy Policy and legal retention obligations.

We may retain certain information as required or permitted by law, for security, compliance, backup, audit, dispute resolution, enforcement, fraud prevention, or legitimate business purposes.

Sections that by their nature should survive termination will survive, including those on fees owed, Customer Data responsibilities, confidentiality, intellectual property, disclaimers, limitation of liability, indemnification, non-solicitation, and dispute resolution.

25. Disclaimers

The services, Outputs, and website are provided “as is” and “as available.”

To the maximum extent permitted by law, Aptic disclaims all warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, reliability, security, and error-free operation, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the services will be uninterrupted, secure, timely, accurate, complete, or free from harmful components, or that they will meet your requirements or achieve any result.

We do not warrant that Aptic will identify every issue, opportunity, risk, error, data gap, or business problem.

26. Limitation of Liability

To the maximum extent permitted by law, Aptic and Aptic Personnel will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost savings, lost business opportunities, lost goodwill, lost data, data corruption, business interruption, reputational harm, failed campaigns, Third-Party Charges, missed opportunities, or losses arising from business decisions made by you, even if advised of their possibility.

To the maximum extent permitted by law, Aptic’s total aggregate liability for all claims arising out of or relating to the services, the website, or these Terms, under any theory of liability (contract, tort, negligence, strict liability, statute, or otherwise), will not exceed the greater of:

• (a) the amount you paid to Aptic for the services giving rise to the claim during the three months before the event giving rise to liability; or
• (b) $100.

These limitations apply even if a limited remedy fails of its essential purpose. They are an essential basis of the bargain between you and Aptic, and Aptic’s fees reflect them. Some jurisdictions do not allow certain limitations, so some limitations may not apply to you.

27. Indemnification

You agree to defend, indemnify, and hold harmless Aptic, its affiliates, officers, directors, employees, contractors, consultants, agents, service providers, and licensors from claims, damages, losses, liabilities, fines, penalties, costs, and expenses, including reasonable attorneys’ fees, arising from:

• Your use of the services.
• Your Customer Data and Customer Materials.
• Your violation of these Terms.
• Your violation of law, platform policies, or third-party rights.
• Your connected accounts, credentials, permissions, or integrations.
• Actions you approve, authorize, configure, request, or execute through the services, including actions taken within your autonomy settings.
• Communications sent on your behalf and Third-Party Charges.
• Business decisions made by you based on Outputs, recommendations, reports, analyses, or services.
• Your engagements with Partners.
• Claims by your customers, employees, contractors, vendors, partners, users, or regulators relating to your use of Aptic.

We will notify you of a claim we seek indemnity for, and may participate in its defense with counsel of our choice at our own cost. You may not settle any claim that imposes an obligation or admission on Aptic without our written consent.

28. Non-Solicitation

During your engagement and for 12 months after it ends, you agree not to directly or indirectly solicit for employment or engagement any Aptic Personnel who worked on your engagement, without Aptic’s written consent. General job postings not directed at Aptic Personnel do not violate this section.

Because Aptic invests significantly in recruiting and training its consultants, if you hire or engage such a person in breach of this section, you agree to pay Aptic, as liquidated damages and not as a penalty, an amount equal to 50% of that person’s first-year compensation.

29. Independent Contractors

Aptic is an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship between you and Aptic, except to the limited extent you authorize Aptic to perform specific actions on your behalf.

30. Force Majeure

Aptic is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, government action, power or internet failures, cyberattacks, failures of third-party platforms, hosting, or AI model providers, and changes in third-party APIs or policies.

31. Export Controls and Sanctions

You represent that you are not located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive U.S. sanctions, and that you are not on any U.S. government restricted-party list. You will not use, export, or re-export the services in violation of U.S. or other applicable export control or sanctions laws.

32. Governing Law

These Terms and any dispute arising out of or relating to them or the services are governed by the laws of the State of Nevada, without regard to conflict-of-law principles, and, where applicable, the Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

33. Dispute Resolution, Arbitration, and Class Action Waiver

33.1 Informal Resolution

Before starting any claim, you agree to contact us at [email protected] and try to resolve the dispute informally for at least 30 days.

33.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, the website, or the services, including their formation, scope, validity, or enforceability, that is not resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted in English by a single arbitrator in Las Vegas, Nevada, or remotely if the parties agree. Judgment on the award may be entered in any court with jurisdiction.

Either party may instead bring an individual claim in small claims court if it qualifies, and either party may seek temporary or preliminary injunctive relief in court to protect its intellectual property or Confidential Information or to collect unpaid fees.

33.3 Class Action and Jury Trial Waiver

Claims may be brought only in an individual capacity, not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of class or representative proceeding. YOU AND APTIC EACH WAIVE THE RIGHT TO A TRIAL BY JURY.

33.4 Courts and Time Limit

If arbitration does not apply or this section is found unenforceable, disputes will be resolved exclusively in the state or federal courts located in Clark County, Nevada, and each party consents to their personal jurisdiction. Any claim must be brought within one year after it arises, or it is permanently barred, to the extent permitted by law.

If any part of this section is found unenforceable, the rest remains in effect, except that if the class action waiver is found unenforceable for a claim, that claim will proceed in court and not in arbitration.

34. Electronic Communications and Notices

You consent to receive agreements, notices, and other communications from us electronically, including by email and in the services, and agree that electronic communications and signatures satisfy any legal requirement that they be in writing.

Notices to Aptic must be sent to [email protected]. Notices to you may be sent to the email address associated with your account or Service Order and are effective when sent.

35. General

These Terms, together with any Service Order and the policies referenced in them, are the entire agreement between you and Aptic about their subject matter and supersede all prior or contemporaneous understandings. Purchase orders or other terms you provide do not apply, even if accepted or signed by Aptic.

You may not assign or transfer these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or to an affiliate.

If any provision is found unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver. There are no third-party beneficiaries except the indemnified parties named in Section 27. Headings are for convenience only, and “including” means “including without limitation.”

These Terms are written in English. Any translation is provided for convenience, and the English version controls.

36. Changes to These Terms

We may update these Terms from time to time. The updated Terms will be posted on our website with a new “Last Updated” date.

If changes are material, we may provide additional notice. Your continued use of the services after the effective date means you accept the updated Terms. Changes do not apply to disputes that arose before the change.

37. Contact

Aptic Consulting, [Insert mailing address]. Email: [email protected].