Terms and Condition

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Effective Date: January 14, 2025
Last Updated: January 14, 2025

These Terms and Conditions (“Terms”) govern your access to and use of the products, services, software, applications, tools, websites, and content (collectively, the “Services”) provided by AUTHENTIAI, INC., operating under the brand name Apers (“Apers,” “we,” “us,” or “our”).

By using the Services, you (“you” or “User”) agree to be bound by these Terms, our Privacy Policy, and any additional terms that may apply to specific features or products. If you do not agree to these Terms, do not use our Services.

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1. Eligibility and User Obligations

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement in your jurisdiction. You are responsible for all activity that occurs under your account and agree to use the Services only for lawful purposes and in accordance with these Terms.

You must not:
• Use the Services in violation of any applicable laws or regulations;
• Attempt to gain unauthorized access to any systems or networks;
• Reverse-engineer, decompile, or disassemble any aspect of the Services;
• Resell, sublicense, or commercially exploit the Services without our express permission.

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2. License to Use Services

Apers grants you a non-exclusive, non-transferable, revocable, and limited license to access and use the Services solely for your internal business or personal use, in accordance with these Terms.

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3. Ownership and Intellectual Property

All content, including but not limited to data models, AI outputs, reports, user interfaces, trademarks, logos, and software components, are the property of Apers or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not:
• Copy, modify, reproduce, publish, or distribute any content from the Services;
• Use our trademarks or branding without prior written consent;
• Remove, obscure, or alter any legal notices displayed in or along with the Services.

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4. Data Use and Research Rights

4.1 Data Ownership

You retain all rights to the data and content you upload or input into the Services (“User Data”). By using the Services, you grant Apers a non-exclusive, royalty-free, worldwide license to use, host, store, reproduce, and process your User Data solely for the purposes of operating, maintaining, and improving the Services.

4.2 Use of Data for Research and Product Development

By using the Services as a non-enterprise user (including users on free trials, individual plans, or small business tiers), you acknowledge and agree that Apers may use your User Data—including documents, inputs, usage patterns, and feedback—for the following purposes:
• Improving the performance, accuracy, and functionality of our AI systems;
• Training and refining proprietary models;
• Conducting internal research and analytics;
• Identifying feature enhancements and debugging;
• Generating aggregated, anonymized data for benchmarking and product insights.

We will take commercially reasonable steps to anonymize and de-identify such data where feasible. We will not share personally identifiable information or any identifiable proprietary business data with third parties without your consent, except as disclosed in our Privacy Policy.

Enterprise clients with executed data usage agreements are exempt from this data usage provision, and their data will only be used in accordance with those agreements.

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5. Links to Third-Party Sites

The Services may contain links or integrations to third-party websites, tools, or content. These links are provided for your convenience only. Apers does not endorse or control these third-party resources and is not responsible for their availability, content, or data practices. Use them at your own risk.

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6. Service Availability and Modifications

Apers reserves the right to modify, suspend, or discontinue the Services or any part thereof at any time, with or without notice. We may also impose limits on certain features or restrict your access to parts or all of the Services without liability.

We are constantly innovating and improving our Services, which means features may change frequently. Continued use of the Services after modifications constitutes your acceptance of the changes.

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7. Disclaimers

The Services are provided on an “as is” and “as available” basis. Apers makes no warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy of results.

You acknowledge that:
• AI-generated outputs may not be 100% accurate or appropriate for every use case;
• You are solely responsible for verifying the accuracy and suitability of any outputs for your specific use;
• Apers is not responsible for decisions or actions taken based on its outputs.

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8. Limitation of Liability

To the maximum extent permitted by law, Apers and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of or related to your use of the Services, whether based in contract, tort, or otherwise—even if we have been advised of the possibility of such damages.

In no event shall our aggregate liability exceed the greater of (a) the total fees paid by you for the Services in the six months prior to the claim or (b) $100.

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9. Indemnification

You agree to defend, indemnify, and hold harmless Apers, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising out of or relating to:
• Your use or misuse of the Services;
• Your violation of these Terms;
• Your infringement of any intellectual property or privacy rights.

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10. Term and Termination

These Terms remain in effect until terminated by either party. You may terminate by discontinuing use of the Services. We may terminate or suspend your access immediately, without notice, if you breach these Terms.

Upon termination:
• Your license to use the Services ends;
• We may delete or restrict access to your User Data unless otherwise required by law or contract.

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11. Modifications to These Terms

We reserve the right to change or update these Terms at any time. If we make material changes, we will notify you by email or through the Services. Your continued use after such changes constitutes acceptance of the revised Terms. You are responsible for reviewing the most current version at all times.

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12. Governing Law and Dispute Resolution

These Terms and any disputes arising from or relating to them shall be governed by the laws of the State of Delaware, without regard to conflict of laws principles.

Any disputes shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, in Boston, Massachusetts, unless otherwise agreed in writing. You waive your right to bring claims in court or participate in class actions.

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13. Entire Agreement

These Terms, along with our Privacy Policy and any other legally binding agreements, constitute the entire agreement between you and Apers regarding the Services and supersede any prior agreements, oral or written.

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14. Contact Information

For any questions about these Terms or our Services, you may contact us at:

15. Refund Policy

We want you to be fully satisfied with your experience using Apers.

If you are not satisfied with your purchase, we offer a full refund within the first seven (7) calendar days of your initial subscription. To request a refund, you must contact us at info@apers.app within the 7-day period from the date of purchase.

Refunds will only be issued to the original payment method. After the 7-day window, all payments are non-refundable, and no prorated refunds will be given for cancellations made after this period.

We reserve the right to refuse refund requests from accounts that show signs of abuse, misuse, or violation of our Terms.

AUTHENTIAI, INC. (Apers)
📧 Email: info@apers.app

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