These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Apervex LLC ("Apervex," "we," "us," or "our") governing your access to and use of the Apervex operational intelligence platform and website at apervex.com. By accessing or using our services, you agree to be bound by these Terms. If you do not agree, do not use our services.
For the purposes of these Terms:
To access the Service, you must register for an account. By registering, you represent and warrant that:
You are responsible for all activity that occurs under your account, whether or not you authorised it. Apervex reserves the right to refuse service, terminate accounts, or remove content at our discretion.
Apervex offers a 30-day free trial of the Service ("Free Trial"). The following terms apply:
Apervex currently offers two subscription plans, billed on a per-store, per-month basis: Starter ($150/month) and Pro ($400/month). Plan features and pricing are described at apervex.com/pricing and are subject to change with 30 days' notice to existing customers.
We do not offer refunds for partial months of service. If you cancel your Subscription, you will retain access to the Service until the end of your current billing period, after which your account will be deactivated. Exceptions may be made at our discretion in cases of documented technical failure on our part that prevented you from using the Service for an extended period.
We reserve the right to change our pricing. We will provide at least 30 days' written notice of any price increase to existing customers. Continued use of the Service after a price change takes effect constitutes your acceptance of the new pricing.
You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:
Violation of this section may result in immediate termination of your account without refund.
The Service, including all software, algorithms, AI models, user interfaces, visual designs, trademarks, and documentation, is owned by Apervex LLC and protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any ownership interest in the Service. You receive only a limited, non-exclusive, non-transferable, revocable licence to access and use the Service during your Subscription for your internal business purposes.
If you provide us with feedback, suggestions, or ideas about the Service, you grant Apervex a royalty-free, perpetual, irrevocable licence to use that feedback for any purpose, including improving the Service, without any obligation to you.
You retain full ownership of all Customer Data you submit to the Service. Apervex does not claim any ownership rights over your operational data, employee records, or scan photographs.
By submitting Customer Data to the Service, you grant Apervex a limited, non-exclusive licence to store, process, and use that data solely for the purpose of providing the Service to you. We may also use aggregated, anonymised, and de-identified data derived from Customer Data to improve our AI model and service quality, provided that such data cannot be used to identify you, your employees, or your business.
You are responsible for ensuring that any data submitted to the Service is accurate and that you have the lawful right to submit it. You are responsible for obtaining any necessary consents from employees or other individuals whose data is processed through the Service, including complying with applicable employment and privacy laws in your jurisdiction regarding employee monitoring and data collection.
You may export your Customer Data from the Service at any time. Upon termination of your account, you may request a data export within 30 days. After 90 days following account termination, we will delete your Customer Data from our active systems in accordance with our data retention policy.
Each party may have access to confidential information of the other party in connection with these Terms. Each party agrees to: (a) hold the other party's confidential information in strict confidence; (b) not disclose such information to any third party without prior written consent; and (c) use such information only as necessary to perform obligations under these Terms. This obligation does not apply to information that is or becomes publicly known through no fault of the receiving party, or that is required to be disclosed by law.
Apervex warrants that: (a) the Service will perform materially as described in our documentation under normal use; and (b) we will implement commercially reasonable security measures to protect Customer Data.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. APERVEX EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. APERVEX DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT THE AI-GENERATED CASE COUNTS WILL BE 100% ACCURATE. THE ACCURACY OF AI-GENERATED COUNTS MAY VARY DEPENDING ON IMAGE QUALITY, LIGHTING CONDITIONS, PRODUCT ARRANGEMENT, AND OTHER FACTORS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APERVEX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF APERVEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL APERVEX'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO APERVEX IN THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED US DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN FULL.
You agree to defend, indemnify, and hold harmless Apervex and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including any privacy, employment, or intellectual property right; or (d) any claim that your Customer Data caused damage to a third party.
These Terms remain in effect from the date you first access the Service until your account is terminated.
You may cancel your Subscription at any time by contacting us at [email protected]. Cancellation takes effect at the end of your current billing period. You will not receive a refund for any unused portion of the current billing period.
We reserve the right to suspend or terminate your account at any time, with or without notice, if: (a) you violate these Terms; (b) you fail to make payment; (c) we are required to do so by law; or (d) we decide to discontinue the Service. In cases of termination for cause by Apervex, no refund will be issued. In cases of termination without cause by Apervex, we will provide a pro-rated refund for any prepaid but unused Service.
Upon termination, your right to access the Service immediately ceases. Sections that by their nature should survive termination — including intellectual property, confidentiality, warranty disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.
Before initiating any formal dispute, you agree to contact us at [email protected] and give us 30 days to attempt to resolve the issue informally. We will make reasonable efforts to resolve any dispute in good faith.
These Terms are governed by the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Plymouth County, Massachusetts, and you consent to personal jurisdiction in those courts.
You agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class action or other representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.
If you have any questions about these Terms of Service, please contact us:
Joseph Green, Founder & CEO
Email: [email protected]
Address: Brockton, Massachusetts, United States
We aim to respond to all legal enquiries within 5 business days.