Apokrisis Consultants, Inc. - US Terms of Use
These Terms of Service (“Terms”) apply to your access to and use of the websites, applications and other products and services, including email services, trainings, events, marketing services, review and message boards and various other message communication applications (collectively, our “Services”) provided by Apokrisis Consultants, Inc. (“Apokrisis Consultants, Inc.”, “we”, or “us”). By clicking to indicate your acceptance of these Terms, or otherwise accessing or using the Services, you agree to these Terms, and to use our Services in accordance with our Acceptable Use Policy, which is incorporated by reference into these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 19, do not access or use our Services.
In addition to these Terms, we may ask you to accept additional terms that apply to specific features, products or services. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, product or service.
If you have any questions about these Terms or our Services, please contact us at [email protected]
1) Eligibility and Authority
You must be at least 18 years of age or older to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to Apokrisis Consultants, Inc. if you or the other person or entity violates these Terms.
2) Accounts; Account Security; Electronic Communications
You will need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account, not share your account credentials, and promptly notify Apokrisis Consultants, Inc. if you discover or suspect that someone has accessed your account without your permission
By creating an Apokrisis Consultants, Inc. account, you consent to receive electronic communications from Apokrisis Consultants, Inc. (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
3) Privacy
Please refer to our Privacy Policy (https://go.apokrisis.org/privacy) for information about how Apokrisis Consultants, Inc. collects, uses, and discloses information about you.
4) Our Services; License
Our Services may allow you and other users to create, post, store, and share marketing, communications, or other content, including, but not limited to, email, text or SMS messages, photos, videos, software, and other materials, and review or message boards (collectively, “Marketing Content”). Except for the license you grant below, you retain all rights in and to your Marketing Content, as between you and Apokrisis Consultants, Inc. You grant Apokrisis Consultants, Inc. a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, adapt, publish, translate, distribute, and display your Marketing Content to the recipients or audience designated by you or otherwise in accordance with the settings you specify in the Services.
As part of the Services, Apokrisis Consultants, Inc. may view, copy, and internally use Marketing Content to help train and improve the Services, including their functionality and effectiveness for you and your campaigns, as well as to assist in detecting issues. You may not create, post, store, or share any Marketing Content that violates these Terms, including our Acceptable Use Policy, or for which you do not have all rights necessary to grant the license described above.
When using the Services, you may import data, including personally identifiable information, regarding your contacts (“Contact Data”). Apokrisis Consultants, Inc. views and uses Contact Data only to provide Services to you, at your direction, and as part of the Services to train, detect issues with, and ensure the proper functioning of the Services. We do not disclose Contact Data to third parties, except as follows:
Apokrisis Consultants, Inc. may share Contact Data with third-party service providers as necessary to provide the Services or administer the site.
If any portion of Apokrisis Consultants, Inc. is sold, Contact Data may be included as part of the business assets transferred. Contact Data also may be disclosed if Apokrisis Consultants, Inc. considers or completes the financing, securitization, insuring, sale, assignment, or other transfer of all or part of the company.
Apokrisis Consultants, Inc. may disclose Contact Data as reasonably necessary to comply with any judicial or governmental subpoenas, warrants, or orders.
Apokrisis Consultants, Inc. reserves the right to use, disclose, and share your information and Contact Data to investigate, prevent, or take action regarding any potential or actual fraud, illegal activities, circumstances threatening the physical safety of any person, violations of these Terms of Service, or as otherwise required by law.
Apokrisis Consultants, Inc. may receive requests directly from individuals, including your contacts, requesting not to receive emails from our Services. To comply with international data protection laws and respect those requests, we may place such individuals on a communications exclusion list (“Global Exclusion List”) so they no longer receive communications from our Services. If a requesting individual is a contact in your database, we will use commercially reasonable efforts to notify you of such request before placing that contact on the Global Exclusion List.
5) Prohibited Conduct
5.1) Prohibited Activities on the Services
You will not violate any applicable law, contract, intellectual property, or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. When you access or use our Services, you will not:
Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
Impersonate any person or entity, including without limitation any Apokrisis Consultants, Inc. official or employee, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
Use or attempt to use another user’s account without authorization from that user and Apokrisis Consultants, Inc.;
Access the Services by any means other than through standard industry-accepted or Apokrisis Consultants, Inc.-approved application program interfaces;
Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
Delete or revise any material, including Marketing Content, posted by another person or entity;
Delete or modify any author attributions, legal notices, or proprietary designations or labels that you upload to any communication feature;
Register, subscribe, attempt to register or subscribe, unsubscribe, or attempt to unsubscribe any party for any Apokrisis Consultants, Inc. product or Service if you are not expressly authorized by such party to do so;
Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
Bypass or ignore instructions contained in our robots.txt file that controls automated access to portions of our Services;
Export or attempt to export certain data points, including but not limited to EGEO and ERJA data, that cannot be exported from the Services; or
Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.
5.2) Compliance with Laws
You represent and warrant that your access to and use of the Services will comply with all applicable laws, rules, and regulations, including but not limited to Export Control and Sanctions Laws (defined below) and laws relating to privacy, data protection, and the sending of electronic communications.
You further represent and warrant that you have a lawful basis for processing and sending Marketing Content and communications to your customers, business contacts, or followers who consent to receiving marketing messages from you or on your behalf (“Contacts”), whether through legally appropriate consents or otherwise.
You will not provide Apokrisis Consultants, Inc., upload to the Services, or take any actions with respect to any Marketing Content or Contact Data for which you do not have a lawful basis for processing, permissions, or consents in accordance with applicable data protection laws.
You, and not Apokrisis Consultants, Inc., are responsible for ensuring that you meet all notice and consent obligations for sending communications to individuals in the jurisdictions where they reside. While our Services allow you to manage and access consents and other Contact Data, you acknowledge and agree that you, and not Apokrisis Consultants, Inc., have sole responsibility for maintaining all records relating thereto.
You are solely responsible for determining whether our Services are suitable for use in light of any laws and regulations governing your entity, industry, or relationship with your Contacts, including but not limited to consumer protection, privacy, advertising, intellectual property, or other laws.
You may not use our Services for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws applicable to commerce.
You further represent and warrant that your use of the Services, including information you upload to or make available through the Services, will not cause Apokrisis Consultants, Inc. to violate any applicable laws, rules, or regulations, including those relating to privacy, data protection, and electronic communications.
Apokrisis Consultants, Inc. may suspend or restrict your access to or use of the Services if we suspect that your Marketing Content includes spam or otherwise duplicative or unsolicited messages in violation of applicable laws.
5.3) Web Personalization Feature
If you are on a Professional or Enterprise subscription plan, you may access our Web Personalization feature, which allows you to create personalized versions of your webpage (“Experiences”) for your Contacts.
Experiences are created by changing the text, image, link, or button text (each, an “Element”) displayed to your Contacts based on your segment conditions.
The aggregate number of unique Experiences that you may create, using a combination of different Elements and segments, is limited to ten (10) times your Contact limit. Failure to adhere to this limit may result in interruption, suspension, or termination of the Services.
5.4) Reporting Abuse
If you believe anyone using the Services is violating any of these Terms, please notify Apokrisis Consultants, Inc. immediately.
6) Terms of Sale
6.1) Subscriptions
When you sign up for our Services, you agree to a recurring subscription contract with Apokrisis Consultants, Inc. on a monthly, quarterly, annual, or other billing basis that you select when signing up for the Services.
WHEN YOU REGISTER FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
Apokrisis Consultants, Inc. (or our third-party payment processor) is authorized to charge you on a monthly, quarterly, annual, or other applicable recurring basis for your subscription, including any applicable taxes and other charges, for as long as your subscription continues; and
Your subscription is continuous until you cancel it or we suspend or stop providing access to the Services in accordance with these Terms.
For more information about pricing and subscription plans, please visit our Pricing page.
6.2) Cancellation
You may cancel your subscription at any time by logging into your account and following the cancellation instructions on your account dashboard or by contacting Apokrisis Consultants, Inc. Such cancellation notice must be submitted by the designated account owner or an authorized signatory.
Inactivity does not constitute automatic cancellation. Unless you cancel your account in accordance with this section, you will continue to be charged for your subscription to the Services.
All cancellation requests will take effect at the end of the then-current subscription period in which the cancellation request is made, and you will remain responsible for all fees, taxes, and other charges incurred through the cancellation date.
In the event you cancel your subscription, please note that Apokrisis Consultants, Inc. may still send you promotional communications unless you opt out by following the unsubscribe instructions included in those communications.
If you are interested in cancelling your subscription, we may provide you with the option to pause your subscription for a certain period of time. During the pause period, your account will remain active in our systems, and we will retain the data, including Contact Data, associated with your account. The collection, use, and disclosure of such data will continue to be governed by our Privacy Policy.
6.3) One-Time Purchases
Certain features of our Services, such as templates or downloadable resources, may be offered as standalone, non-subscription products. Your payment method will be charged at the time of purchase as a one-time transaction.
6.4) Free Trials
From time to time, and where legally permitted, Apokrisis Consultants, Inc. may offer free trials of certain subscriptions for a specified period without payment.
If a free trial is offered, the specific terms of the trial will be provided in the applicable marketing materials or during registration.
Apokrisis Consultants, Inc. reserves the right to modify or terminate free trials at any time, without notice and at our sole discretion.
6.5) Payment and Billing Information
By providing a credit card or other payment method accepted by Apokrisis Consultants, Inc., you represent and warrant that you are authorized to use the designated payment method.
You authorize Apokrisis Consultants, Inc. (or our third-party payment processor) to charge your payment method for the total amount of your subscription fees, including applicable taxes and other charges.
If your payment method cannot be verified, is invalid, or is otherwise unacceptable, your account may be suspended until payment is successfully processed. You are responsible for resolving any payment issues encountered.
You acknowledge that billed amounts may vary due to promotional offers, changes to your subscription, or changes in applicable taxes or other charges, and you authorize Apokrisis Consultants, Inc. (or our third-party payment processor) to charge your payment method for the corresponding amounts.
If you are located in Brazil, the following applies to you: in order to enable remittance of funds for the payment of goods, products, and/or services purchased from merchants abroad, you appoint PPRO Brasil Ltda. as your attorney-in-fact to, on your behalf, sign foreign exchange agreements and any other agreements necessary to effect such remittance of funds, including the authority to negotiate terms, rates, renegotiate fees, or wholly or partially supersede the mandate granted.
7) Limited License; Copyright and Trademark
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, and other content contained therein (collectively, the “Apokrisis Consultants, Inc. Content”) are owned by or licensed to Apokrisis Consultants, Inc. and are protected under United States and foreign laws.
Except as explicitly stated in these Terms, Apokrisis Consultants, Inc. and our licensors reserve all rights in and to our Services and the Apokrisis Consultants, Inc. Content.
You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and Apokrisis Consultants, Inc. Content for:
Your own personal use; or
If you are a business or organization, to communicate about your business or organization with your Contacts.
This license is subject to these Terms and does not include any right to:
Sell, resell, or commercially use our Services or Apokrisis Consultants, Inc. Content;
Copy, reproduce, distribute, publicly perform, or publicly display Apokrisis Consultants, Inc. Content, except as expressly permitted by us or our licensors;
Modify the Apokrisis Consultants, Inc. Content, remove proprietary rights notices or markings, or otherwise create derivative works from our Services or content;
Use data mining, robots, scraping tools, or similar data gathering or extraction methods; or
Use our Services or content for any purpose other than their intended purposes.
Any use of our Services or Apokrisis Consultants, Inc. Content other than as specifically authorized herein, without prior written permission, is strictly prohibited and will terminate the license granted herein.
8) Third-Party Content and Services
Apokrisis Consultants, Inc. may display content, advertisements, and promotions from third parties through the Services (“Third-Party Content”). We do not control, endorse, or adopt any Third-Party Content and make no representations or warranties regarding such content, including its accuracy or completeness.
You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and those third parties.
If Apokrisis Consultants, Inc. requires you to accept additional terms, conditions, or obligations in connection with your use of third-party services or integrations (“Third-Party Terms”), we will provide advance notice and obtain your authorization or acceptance of such Third-Party Terms, including through your continued use of such services or integrations.
We may also provide access to services, features, or functionality offered by third parties in connection with the Services. Use of such services will be governed by separate terms between you and the applicable third party, and not by these Terms. The third-party provider, and not Apokrisis Consultants, Inc., is solely responsible for providing those services.
If you use the Services to purchase a domain name, the domain may be purchased on your behalf through a third-party registrar, and Apokrisis Consultants, Inc. may be listed as the registrant during administration of the Services. You agree to comply with all applicable registrar agreements, domain registration policies, and applicable laws governing domain use.
If requested by you in writing, Apokrisis Consultants, Inc. may transfer the domain name to you, subject to any applicable transfer fees and registrar restrictions. You agree to indemnify and hold Apokrisis Consultants, Inc. harmless from any claims, damages, liabilities, or expenses arising from your use of such domain names or any violation of applicable laws or third-party agreements.
Additionally, domains purchased through Apokrisis Consultants, Inc. may require the use of designated nameservers or hosting configurations associated with our service providers.
9) Feedback
Any questions, comments, suggestions, ideas, original or creative materials, or other information you submit regarding Apokrisis Consultants, Inc. or our Services (collectively, “Feedback”) shall be considered non-confidential and will become the sole property of Apokrisis Consultants, Inc.
Apokrisis Consultants, Inc. will own exclusive rights, including all intellectual property rights, in and to such Feedback and may use and disseminate the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
10) Publicity
You agree that Apokrisis Consultants, Inc. may identify you as a customer and may refer to you by name, trade name, trademark, logo, or other proprietary marks in marketing materials, on our website, and in press releases or other public statements.
You grant Apokrisis Consultants, Inc. a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use your name, trade names, trademarks, logos, and related branding materials for the purposes described in this Section 10.
11) Copyright Complaints
Apokrisis Consultants, Inc. maintains a policy of limiting access to the Services and terminating accounts of users who infringe the intellectual property rights of others.
If you believe that any content available through the Services infringes a copyright you own or control, you may notify Apokrisis Consultants, Inc.’s designated copyright agent in accordance with applicable law.
12) Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Apokrisis Consultants, Inc., its parent companies, subsidiaries, affiliates, and each of their respective officers, directors, agents, partners, and employees (collectively, the “Apokrisis Parties”) from and against any losses, liabilities, claims, demands, damages, expenses, or costs (“Claims”) arising out of or related to:
Your access to or use of the Services;
Your Marketing Content or Feedback;
Your violation of these Terms;
Your violation, misappropriation, or infringement of the rights of another person or entity; or
Your conduct in connection with the Services.
You agree to promptly notify the Apokrisis Parties of any third-party Claims, cooperate in the defense of such Claims, and pay all associated fees, costs, and expenses, including attorneys’ fees.
Apokrisis Consultants, Inc. reserves the right to control the defense or settlement of any such Claims.
13) Disclaimers
OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Apokrisis Consultants, Inc. does not control, endorse, or assume responsibility for Marketing Content, Third-Party Content, or third-party services.
Apokrisis Consultants, Inc. does not warrant that the Services are accurate, complete, reliable, current, secure, or error-free.
While we strive to maintain secure Services, Apokrisis Consultants, Inc. does not guarantee that the Services or servers are free of viruses or harmful components.
You assume all risks associated with the quality and performance of the Services.
You are solely responsible for responding to and complying with requests relating to your Contacts and their personal data in accordance with applicable data protection laws.
14) Limitation of Liability
To the fullest extent permitted by law, Apokrisis Consultants, Inc. and the Apokrisis Parties shall not be liable for any indirect, consequential, incidental, special, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Services.
The total liability of Apokrisis Consultants, Inc. and the Apokrisis Parties for any claim arising out of or relating to these Terms or the Services shall not exceed the amount paid by you, if any, for access to or use of the Services.
Nothing in these Terms limits liability for gross negligence, fraud, intentional misconduct, or any liability that cannot legally be excluded or limited.
15) Release
To the fullest extent permitted by applicable law, you release Apokrisis Consultants, Inc. and the Apokrisis Parties from all responsibility, liability, claims, demands, and damages arising out of or related to disputes between users or the acts or omissions of third parties.
You expressly waive any rights under California Civil Code §1542 or similar laws that would otherwise limit this release to known claims.
16) Transfer and Processing of Data
By accessing or using the Services, you consent to the processing, transfer, and storage of information about you in the United States and other countries where privacy protections may differ from those in your jurisdiction.
17) Export Control, Sanctions Compliance, and Anti-Corruption Compliance
17.1) Export Control and Sanctions Compliance
Your use of the Services may be subject to United States export control and economic sanctions laws (“Export Control and Sanctions Laws”).
You agree to comply with all applicable Export Control and Sanctions Laws and represent that:
You are not located in a prohibited jurisdiction;
You are not listed on any U.S. government sanctions or restricted parties list; and
You will comply with all applicable laws regarding export and transmission of technical data.
You may not directly or indirectly access or use the Services in jurisdictions where such access is prohibited by law.
17.2) Anti-Corruption Compliance
You agree to comply with all applicable anti-corruption and anti-bribery laws, including the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act.
You represent that you have not received or been offered any unlawful or improper payment, gift, kickback, or thing of value in connection with these Terms.
18) Commercial Items
If acquired by any agency of the United States Government, the Services and related software shall be deemed “commercial computer software” and “commercial computer software documentation” under applicable federal regulations, and the government’s rights shall be limited to those expressly granted in these Terms.
19) Dispute Resolution; Binding Arbitration
Please read this section carefully, as it requires arbitration of certain disputes and limits the manner in which relief may be sought from Apokrisis Consultants, Inc.
Except for eligible small claims disputes or claims seeking injunctive relief related to intellectual property, all disputes arising out of or relating to these Terms or the Services shall be resolved through confidential binding arbitration.
Such arbitration shall take place in Cook County, Illinois, under the rules of JAMS then in effect.
You and Apokrisis Consultants, Inc. waive the right to a jury trial and agree that disputes will be resolved solely on an individual basis and not through class actions, representative proceedings, or class arbitrations.
The Federal Arbitration Act governs the interpretation and enforcement of this Section 19.
Any claim arising out of or relating to these Terms or the Services must be filed within one (1) year after the claim arises, or the claim will be permanently barred.
You may opt out of binding arbitration within thirty (30) days of first accepting these Terms by providing written notice to Apokrisis Consultants, Inc.
20) Governing Law and Venue
These Terms and your access to and use of the Services shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflict of law principles.
Any disputes not subject to arbitration shall be resolved in the state or federal courts located in Cook County, Illinois.
21) Changes to These Terms
Apokrisis Consultants, Inc. may modify these Terms from time to time.
If changes are made, updated Terms will be posted through the Services and the “Last Updated” date will be revised accordingly.
Continued access to or use of the Services after notice of changes constitutes acceptance of the revised Terms.
If you do not agree to the amended Terms, you must discontinue use of the Services.
22) Termination
Apokrisis Consultants, Inc. reserves the right, without notice and at our sole discretion, to terminate or suspend your access to or use of the Services.
We are not responsible for any loss or harm resulting from termination or suspension of access.
23) Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.
24) Miscellaneous
These Terms constitute the entire agreement between you and Apokrisis Consultants, Inc. regarding your access to and use of the Services.
Any additional or different terms proposed by you in any purchase order, request for proposal, or other document are rejected and shall be void unless expressly agreed to in writing by Apokrisis Consultants, Inc.
Failure to enforce any provision of these Terms shall not constitute a waiver of such provision.
Section headings are for convenience only and have no legal effect.
These Terms are intended solely for the benefit of the parties and do not confer any third-party beneficiary rights.
You may not assign or transfer these Terms without prior written consent from Apokrisis Consultants, Inc.
These Terms may be executed and delivered electronically and in counterparts, each of which shall be deemed an original and together constitute one agreement.
Questions
If you have any questions, please contact us at [email protected]
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