Privacy Policy (United States of America)

These Terms of Service (“Terms”) govern your use of Aptora Corporation’s websites, software applications, hosted services, mobile applications, customer portals, and related services (collectively, the “Services”). By accessing or using our Services, you agree to these Terms. If you do not agree, do not use our Services.

These Terms apply to all users of Aptora’s products and services unless a separate written agreement has been executed between you and Aptora Corporation.

1. Eligibility

You must be at least 18 years of age and legally able to enter into a binding agreement to use our Services.

If you are using the Services on behalf of a business or other organization, you represent that you have the authority to bind that organization to these Terms.

2. Your Account

Some Services require an account.

You agree to:

• Provide accurate and complete information.
• Keep your account information current.
• Protect your usernames, passwords, and authentication credentials.
• Notify Aptora immediately if you believe your account has been accessed without authorization.

You are responsible for all activity that occurs under your account unless caused by Aptora’s negligence or unauthorized actions by Aptora personnel.

3. Software License

Subject to these Terms and payment of applicable fees, Aptora grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

This license does not transfer ownership of the software or any intellectual property.

You may not:

• Copy, modify, or create derivative works of our software except as permitted by law or by written agreement.
• Reverse engineer, decompile, or disassemble the software except where prohibited from restricting such rights by applicable law.
• Remove copyright, trademark, or proprietary notices.
• Resell, sublicense, lease, or distribute the Services unless authorized in writing by Aptora.
• Use the Services to provide hosted software or service bureau services to third parties without our written consent.

4. Customer Responsibilities

You are responsible for:

• Maintaining the security of your accounts and devices.
• Managing user access within your organization.
• Maintaining appropriate backups of information that is critical to your business.
• Ensuring that your use of the Services complies with applicable laws and regulations.
• Obtaining any permissions or consents necessary for information you enter into the Services.

You are also responsible for the actions of anyone using your account with your authorization.

5. Customer Data

You retain ownership of the information you enter into the Services (“Customer Data”).

By using the Services, you grant Aptora a limited right to host, process, transmit, back up, and otherwise use Customer Data only as necessary to:

• Provide the Services.
• Maintain system security.
• Provide customer support.
• Perform backups and disaster recovery.
• Comply with applicable legal obligations.
• Fulfill other services specifically requested by you.

Aptora does not acquire ownership of Customer Data.

Except as described in our Privacy Policy, required by law, or authorized by you, Aptora will not disclose Customer Data to third parties.

6. Customer Content

You are responsible for all information, documents, images, attachments, and other materials submitted through the Services.

You represent that:

• You have the legal right to use and submit the information.
• The information does not infringe the rights of others.
• The information does not violate any applicable law.
• The information does not contain malicious code intended to damage or interfere with the Services.

Aptora does not routinely review Customer Data but reserves the right to remove content that is unlawful, violates these Terms, or threatens the security or operation of the Services.

7. Account Security

Both Aptora and our customers share responsibility for maintaining a secure computing environment.

Aptora is responsible for securing the infrastructure and systems under our control. Customers are responsible for securing their own devices, user accounts, passwords, and internal networks.

We strongly recommend that customers:

• Use strong passwords.
• Enable multi-factor authentication where available.
• Promptly remove access for former employees.
• Keep operating systems and antivirus software current.
• Notify Aptora immediately of suspected unauthorized access.

8. Changes to the Services

We continually improve our products and may add, modify, or discontinue features from time to time.

Whenever reasonably practical, we will provide advance notice of changes that materially affect the functionality of the Services.

Nothing in these Terms guarantees that every feature will remain available indefinitely.

9. Fees and Payment

Certain Services require payment of subscription fees, licensing fees, hosting fees, implementation fees, support fees, or other charges.

Unless otherwise stated in a written agreement:

• Fees are billed in advance.
• All fees are stated in U.S. dollars.
• Payments are due according to the invoice terms.
• Fees are non-refundable except as required by law or expressly stated in a written agreement.

Customers are responsible for any applicable taxes, excluding taxes based on Aptora’s income.

Failure to make timely payment may result in suspension or termination of Services after reasonable notice.

10. Subscription Terms

Subscriptions automatically renew for successive renewal periods unless either party provides notice of non-renewal in accordance with the applicable subscription agreement or contract.

Customers may add or remove users or services during a subscription term when permitted by their subscription plan.

Changes to subscription levels may result in adjusted fees.

11. Service Availability

Aptora works to provide reliable access to its Services but does not guarantee uninterrupted or error-free operation.

Services may occasionally be unavailable due to:

• Scheduled maintenance
• Emergency maintenance
• Software updates
• Internet or telecommunications failures
• Third-party service interruptions  
• Security incidents
• Circumstances beyond Aptora’s reasonable control

When practical, scheduled maintenance will be performed during periods intended to minimize customer disruption.

12. Technical Support

Support services are provided according to the support plan or service agreement purchased by the customer.

Support may include:

• Technical assistance
• Troubleshooting
• Software updates
• Bug fixes
• Product guidance

Support does not include:

• Administration of customer-owned hardware or networks
• Third-party software not provided by Aptora
• Custom programming unless separately contracted
• Recovery of customer data lost outside Aptora-controlled systems

Customers agree to cooperate with Aptora personnel in diagnosing reported issues.

13. Software Updates

Aptora may periodically release updates, enhancements, security patches, and new features.

Some updates may be installed automatically for hosted services to maintain security, reliability, or compatibility.

Customers using self-hosted software are responsible for installing updates unless otherwise provided under a support agreement.

14. Customer Data

Customer Data remains the property of the customer.

Aptora will access, process, transmit, store, or back up Customer Data only as necessary to:

• Provide the Services.
• Maintain system functionality.
• Perform customer-requested support.
• Maintain security.
• Create system backups.
• Meet legal obligations.
• Enforce these Terms.

Aptora does not sell Customer Data.

Aptora does not use Customer Data for advertising purposes.

15. Privacy

The collection and use of personal information is governed by Aptora’s Privacy Policy, which is incorporated into these Terms by reference.

Customers are responsible for ensuring they have the legal authority to collect, use, and submit any personal information entered into the Services.

16. Security

Aptora maintains administrative, technical, and physical safeguards designed to protect customer information.

While no system can guarantee absolute security, Aptora maintains security policies and procedures intended to reduce risk and protect customer data.

Additional information regarding our security practices is available in our:

• Information Security Policy
• Data Security & Incident Response Commitment
• Responsible Disclosure Policy

17. Data Backups

For hosted services, Aptora maintains backup procedures intended to support business continuity and disaster recovery.

Customers are encouraged to maintain their own copies of business-critical information.

For self-hosted software, customers are responsible for implementing and verifying their own backup procedures unless otherwise agreed in writing.

18. Security Incidents

If Aptora determines that Customer Data has been accessed, acquired, or disclosed without authorization and notification is required by law or contract, Aptora will notify affected customers without unreasonable delay following an appropriate investigation.

Notifications may include:

• A description of the incident.
• The categories of information involved, if known.
• Actions taken by Aptora.
• Recommended actions for customers.
• Contact information for additional assistance.

Aptora may delay notification when required by law or requested by law enforcement.

19. Third-Party Services

Certain features of the Services may integrate with products or services provided by third parties, including email providers, payment processors, mapping services, cloud infrastructure providers, or other software vendors.

Use of third-party services is subject to the terms and privacy policies of those providers.

Aptora is not responsible for the availability, security, or performance of third-party services that are outside our control.

20. Beta Features

From time to time, Aptora may offer beta, preview, or early access features.

These features are provided for evaluation purposes and may contain defects, change without notice, or be discontinued.

Unless otherwise stated in writing, beta features are provided “as is” and may not be supported to the same extent as generally available features.

21. Intellectual Property

The Services, including all software, source code, object code, databases, documentation, website content, text, graphics, logos, icons, images, designs, audio, video, and other materials made available by Aptora Corporation (“Content”), are owned by Aptora Corporation or its licensors and are protected by United States and international copyright, trademark, patent, and other intellectual property laws.

Except as expressly provided in these Terms, nothing in the Services grants you ownership of, or any license to, any copyright, trademark, patent, trade secret, or other proprietary right owned by Aptora or its licensors.

22. Copyright

All Content available through the Services is protected by copyright.

You may view, download, and print one copy of publicly available website materials solely for your own personal or internal business use, provided that:

• The material is not modified.
• All copyright and proprietary notices remain intact.
• The material is not copied, republished, distributed, sold, or used for commercial purposes without Aptora’s prior written permission.

Except as permitted by law, any other use of the Content requires Aptora’s prior written consent.

23. Trademarks

“Aptora,” “Aptora 360,” “Total Office Manager,” related logos, product names, and service names are trademarks or registered trademarks of Aptora Corporation unless otherwise indicated.

All other trademarks displayed within the Services remain the property of their respective owners.

You may not use Aptora’s trademarks without our prior written permission.

24. Software License

Subject to these Terms and payment of applicable fees, Aptora grants you a limited, non-exclusive, non-transferable, revocable license to use the Services solely for your internal business purposes.

Unless permitted by law or by written agreement, you may not:

• Copy or distribute the software.
• Modify or create derivative works.
• Reverse engineer, decompile, or disassemble the software.
• Remove copyright or trademark notices.
• Rent, lease, sublicense, or resell the Services.
• Use the Services to provide hosted software or service bureau services to third parties without Aptora’s written permission.

This license does not transfer ownership of the software or any intellectual property.

25. Reservation of Rights

All rights not expressly granted under these Terms are reserved by Aptora Corporation.

26. Product Information

We make reasonable efforts to keep product descriptions, pricing, documentation, screenshots, and other information accurate.

However, product specifications, features, pricing, availability, and documentation may change without notice and do not constitute a binding commitment unless expressly included in a written agreement.

27. Third-Party Websites

The Services may contain links to websites or services operated by third parties.

These links are provided solely as a convenience.

Aptora does not control and is not responsible for the availability, content, privacy practices, or security of third-party websites or services.

Your use of third-party websites is at your own risk.

28. Feedback

If you submit suggestions, ideas, comments, feature requests, or other feedback regarding the Services, you grant Aptora a perpetual, worldwide, royalty-free license to use that feedback to improve our products and services.

We will not publicly identify you as the source of feedback without your permission.

29. Electronic Communications

By creating an account or providing your contact information, you consent to receive communications from Aptora regarding:

• Your account
• Billing and invoices
• Product updates
• Security notifications
• Service announcements
• Technical support
• Other information related to the Services

You may opt out of marketing communications at any time. However, you may continue to receive important administrative, billing, security, and service-related communications.

30. Telephone Recordings

To help improve customer service, quality assurance, training, and security, telephone calls with Aptora may be monitored or recorded where permitted by applicable law.

By communicating with Aptora, you acknowledge and consent to such monitoring or recording where legally permitted.

31. Respectful Communications

Aptora is committed to maintaining a professional and respectful work environment.

Customers are expected to communicate respectfully with Aptora employees and representatives.

Abusive, threatening, discriminatory, harassing, or excessively offensive conduct may result in the limitation or suspension of support services or, in serious or repeated cases, termination of Services.

32. Disclaimer of Warranties

THE SERVICES, SOFTWARE, WEBSITE, DOCUMENTATION, AND ALL RELATED CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

To the fullest extent permitted by law, Aptora disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation

Aptora does not warrant that the Services will always be available, free from defects, compatible with every hardware or software environment, or free from every cybersecurity threat.

Customers are responsible for maintaining appropriate backups of business-critical information and implementing reasonable security measures within their own computing environments.

33. Limitation of Liability

To the fullest extent permitted by law, Aptora shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to:

• Lost profits
• Lost revenue
• Loss of goodwill
• Loss of business opportunities
• Loss of data
• Business interruption

This limitation applies regardless of the legal theory asserted, even if Aptora has been advised of the possibility of such damages.

Aptora’s total liability arising from or relating to the Services shall not exceed the total amount paid by the customer to Aptora for the affected Services during the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms limits liability that cannot legally be limited.

34. Customer Indemnification

You agree to defend, indemnify, and hold harmless Aptora Corporation, its officers, employees, affiliates, and agents from claims, damages, liabilities, losses, costs, and reasonable attorneys’ fees arising from:

• Your violation of these Terms.
• Your misuse of the Services.
• Your violation of applicable law.  
• Your infringement of another person’s intellectual property or privacy rights.
• Content or Customer Data you submit through the Services.

35. Force Majeure

Neither party shall be responsible for delays or failures to perform caused by events beyond its reasonable control, including:

• Natural disasters
• Fire
• Flood
• Severe weather
• War
• Terrorism
• Civil unrest
• Labor disputes
• Government actions
• Internet or telecommunications failures
• Utility outages
• Widespread cyberattacks
• Failures of third-party service providers beyond a party’s reasonable control

Each party will use commercially reasonable efforts to resume performance as soon as practical.

36. Confidentiality

Each party agrees to protect the other party’s confidential information using reasonable care and to use such information only as necessary to perform under these Terms or any applicable agreement.

Confidential information does not include information that:

• Becomes publicly available through no fault of the receiving party.
• Was already lawfully known by the receiving party.
• Is independently developed without use of the confidential information.
• Is lawfully received from another source without confidentiality restrictions.

If disclosure is required by law, the receiving party will provide notice when legally permitted to do so.

37. Term and Termination

These Terms remain in effect for as long as you use the Services or maintain an active account with Aptora.

Either party may terminate the Services in accordance with any applicable subscription agreement or written contract.

Aptora may suspend or terminate access to the Services if:

• You materially violate these Terms or the Acceptable Use Policy.
• Required fees remain unpaid after reasonable notice.
• Continued use of the Services presents a security, legal, or operational risk.
• We are required to do so by law or court order.

Whenever practical, Aptora will provide notice and an opportunity to correct the issue before terminating Services.

Termination does not relieve either party of obligations that arose before the termination date.

38. Customer Data Upon Termination

Customer Data remains the property of the Customer.

Upon termination of the Services, Customers are responsible for exporting or retrieving their data before access ends.

Subject to applicable law and any written agreement between the parties, Aptora may retain Customer Data for a reasonable period to:

• Complete requested exports.
• Meet legal or regulatory obligations.
• Resolve disputes.
• Enforce agreements.
• Complete routine backup retention cycles.

After applicable retention periods expire, Customer Data may be securely deleted in accordance with Aptora’s data retention practices.

39. Changes to the Services

Aptora continually improves its products and services.

We may add, modify, replace, or discontinue features as technology and customer needs evolve.

Whenever reasonably practical, we will provide advance notice of changes that materially affect the Services.

Nothing in these Terms guarantees that every feature will remain available indefinitely.

40. Changes to These Terms

Aptora may revise these Terms from time to time.

When material changes are made, we will update the Effective Date and post the revised Terms on our website. Where appropriate, we may also notify customers through email, the customer portal, or other reasonable means.

Continued use of the Services after the revised Terms become effective constitutes acceptance of the updated Terms.

41. Governing Law and Venue

These Terms are governed by the laws of the State of Kansas, without regard to its conflict of law rules.

Any legal action arising from these Terms or the Services shall be brought exclusively in the state or federal courts located in Johnson County, Kansas, unless otherwise required by applicable law.

Each party consents to the jurisdiction of those courts.

42. Compliance with Laws

Each party agrees to comply with all laws and regulations applicable to its use of the Services.

Customers are responsible for ensuring that the information they collect, store, process, or transmit using the Services complies with applicable privacy, employment, tax, financial, and industry-specific laws.

43. Assignment

You may not assign or transfer your rights or obligations under these Terms without Aptora’s prior written consent.

Aptora may assign these Terms in connection with a merger, acquisition, sale of assets, corporate reorganization, or transfer of substantially all of its business, provided the successor assumes Aptora’s obligations under these Terms.

44. Entire Agreement

These Terms, together with any applicable subscription agreement, order form, Privacy Policy, Acceptable Use Policy, Data Processing Addendum, Information Security Policy, and any other documents expressly incorporated by reference, constitute the entire agreement between the parties regarding the Services.

If a separately executed written agreement conflicts with these Terms, the written agreement controls to the extent of the conflict.

45. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Any invalid provision will be interpreted, where possible, to most closely reflect its original intent while remaining enforceable.

46. No Waiver

A failure or delay by either party to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Any waiver must be in writing and signed by the party granting the waiver.

47. Independent Parties

Nothing in these Terms creates a partnership, joint venture, agency, employment relationship, or fiduciary relationship between Aptora and the Customer.

Each party acts as an independent contractor.

48. Survival

The following provisions survive termination of these Terms:

• Fees owed before termination
• Customer Data obligations
• Intellectual Property
• Confidentiality
• Warranty disclaimers
• Limitation of liability
• Indemnification
• Governing law
• Dispute resolution
• Any provisions that by their nature are intended to survive termination

49. Contact Information

Questions regarding these Terms may be directed to:

Aptora Corporation
8877 Bourgade Avenue
Lenexa, Kansas 66219
United States

Phone: (913) 492-9930

Email: helpdesk@aptora.com

Website: www.aptora.com