23.11.2021
980

Terms of Use

Publication: 02/23/2022.
From the date of publication, the document applies to new and existing ApiX-Drive Users.

These Terms of Use govern the use of ApiX-Drive by Users and the legal relationship of Users with the Company. The agreement is addressed to an indefinite circle of persons, it is a public offer.

ApiX-Drive is provided by Apicom Solutions OÜ , a limited liability company registered under the laws of Estonia with registration number: 16182813 and legal address: Harju maakond, Kuusalu vald, Pudisoo küla, Männimäe/1, 74626.

You can find all contact information on our Site or in these Terms of Use.

YOUR CHOICE TO USE APIX-DRIVE OR KEEP YOUR ACCOUNT ACTIVE, YOUR AGREE TO THESE TERMS OF USE AND OUR ACCEPTANCE OF OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO ANY PART OF THE TERMS OF USE OR PRIVACY POLICY, PLEASE STOP USING OUR SERVICES.

1. Definitions and legal definitions

“ApiX-Drive” (or “Service”) means the software “ApiX-Drive”, which is a collection of data and commands intended for the operation of computers and other computer devices in order to automate the transfer of data between two or more services or systems and for integration applications. Access to the Service is provided through the Site.

“Personal Cabinet” (or “Account”) means the User's account on the Site, which allows the User to access and use ApiX-Drive using a personal login (email address) and password.

“User” (or “you”, “you”, “your”) means any individual who has registered a Personal Account for the purpose of using ApiX-Drive and has agreed to the terms and conditions set forth in this document. Or if the Service is used on behalf of a legal entity by an individual authorized to agree to these Terms of Use on behalf of such legal entity, then “User” or “you”, “you”, “your” refers to that legal entity.

“Company” (or “we”, “our”) means Apicom Solutions OÜ, a limited liability company registered in accordance with the laws of Estonia, which provides services for access and use of ApiX-Drive to Users through the Site.

“Site” means a collection of integrated software, hardware and technical means, as well as content intended for publication on the Internet and displayed in a certain text, graphic or sound form, which belongs to the Company and is located at: https://apix-drive.com. On the Site, you can register your Personal Account and use the Service with its help.

"Intellectual Property Rights" means all intellectual property rights anywhere in the world, whether registered or unregistered, registered or unregistered, including the right to apply for such rights, including but not limited to copyright and related rights, database rights, confidential information, trade secrets, know-how, trade names, trade names, trade marks, assignments, unfair competition rights, patents, petty patents, utility models, industrial designs and design rights.

"Terms of Use" (or "Agreement") means this document in the latest edition, applicable to Users, as described in this document, as well as all annexes thereto.

Additional definitions are provided in the Terms of Use below.

2. Subject of the Agreement and information about ApiX-Drive

2.1. This Agreement is a legal agreement between the User and the Company and governs the provision of access to the Service and your use of the Service.

2.2. ApiX-Drive is provided on the terms of SAAS and provides you with the ability, tools and functions to integrate and automate various third-party applications, websites and services with each other.

2.3. The User agrees and accepts that the main purpose of creating the Service is to facilitate and simplify the processes of automating the transfer of information between applications and services.

2.4. When the Company provides services to the User, the transfer of the Service on a tangible medium is not made.

2.5. Acceptable use of the Service. You may use your Account only for lawful purposes and only for the purposes for which the Service was created in accordance with these Terms of Use and applicable law. For the period of the military conflict in Ukraine and the period of sanctions against the Russian Federation and the Republic of Belarus, citizens or companies of the Russian Federation, the Republic of Belarus and citizens or companies that conduct any commercial activities with citizens or companies of the Russian Federation or the Republic of Belarus are not allowed to register and use the service.

2.5.1. The use of the Service has age restrictions: Individuals Users agree that in order to access and use the Service, the User must be an adult in accordance with the current applicable law. Minors can access and use the Service only under the supervision of a parent or guardian.

2.5.2. You are responsible for all actions performed in the Service in your Account using your username and password, including, but not limited to, compliance with these Terms of Use, our instructions for using the Service, applicable law and the rights of third parties.

2.5.3. The User agrees that the Company reserves the right to take any appropriate measures to protect its legitimate interests, including by (1) refusing the User access to the Service, any part of it or the Account, (2) terminating the Agreement, (3) notifying the competent authorities about any illegal actions committed through the User's Account in the Service, if the User participates or is suspected of participating in, including, but not limited to, in any of the following activities:

  • advertising, promotion of materials or offers related to any product or service that competes with ApiX-Drive;
  • transfer (by any means) of information, software or parts thereof obtained using the Service to third parties without the consent of the Company;
  • violation of applicable law, these Terms of Use and/or any other related documents;
  • any violation of the rights of third parties;
  • infringement on the legitimate interests of the Company;
  • offensive behavior towards representatives, agents, contractors and/or employees of the Company;
  • any fraud and fraudulent activity;
  • deliberate distortion of information about the Company and/or the Service.

2.6. All obligations not to violate the provisions of these Terms of Use apply to individuals who use the Service on behalf of a legal entity, as well as to other Users. If you agree to these Terms of Use on behalf of a legal entity, you represent and warrant that you have every right to enter into the Agreement on behalf of the legal entity that you represent.

2.7. This Agreement is applicable to all updates of the Service, access to which is provided to the User in connection with the conclusion of this Agreement.

2.8. After proper registration of the Personal Account and the User's consent to these Terms of Use, the Company hereby provides you with personal, limited, non-transferable access to use the Service solely for your personal use or use to organize internal business processes until you or the Company decides to terminate the effect of such right in accordance with these Terms of Use.

2.9. The right to access and use the Service specified in clause 2.8. Includes the User's right to use the Service for a period of time and to the extent of functionality provided for by the Tariff you activated.

3. User Content

3.1. Using the Service, you can provide us with access to your information, the data of your clients, projects, files and folders, to any other data, information or materials created by you or owned by you, which you transmit or receive using the Service (“User Content”). You retain ownership of your User Content, as well as your personal data, including data from your accounts in third-party services that are linked through the Service. In addition, the content that is the result of your use of the Service also belongs to you.

3.2. You are also solely and solely responsible for the content of User Content transmitted and/or received through the Service. You acknowledge and agree that we do not filter or moderate your User Content and that we are not responsible for your User Content.

3.3. You represent and warrant that you own all the necessary rights to use and process your User Content on the Service, including for transferring it using the Service.

3.4. You also guarantee that your User Content and its use and processing will not violate any legislation or the rights of third parties, and that your User Content will not contain obscene, pornographic, racist or other illegal, offensive and/or objectionable material. In addition, you may not use the Service to download or transfer any data that is subject to increased privacy and security requirements in accordance with applicable law or the terms of the services from where or where such data is transferred, including but not limited to any financial data, medical data or other sensitive personal data of third parties in accordance with the GDPR.

3.5. In some cases, we need your permission for the actions that you ask us to take with your User Content. When the User creates a Personal Account, directly or indirectly sends, stores, transfers or receives User Content to or from the Service, the User provides the Company, as well as its representatives, agents, contractors, employees around the world, with a non-exclusive, free, perpetual, irrevocable license to use, copy, distribute and create derivative works from such User Content so that we can technically manage the Service, as well as to provide, support, operate and update the Service and provide technical support for the Service, to prevent or solve problems related to service, security or technical problems, or as required by law. This license will remain in effect upon termination or suspension of these Terms of Use, regardless of the reason for such termination or suspension.

3.6. You agree to keep the Company safe and indemnify for any claims and/or damage incurred by the Company, you or third parties in connection with your User Content that you process using the Service.

4. Consent to this Agreement and Account Registration

4.1. To register a Personal Account in order to use the Service, you need to fill out the registration form on the Site, agree to these Terms of Use and request access to the demo version of the Service, which is provided under the terms of the Trial Period.

4.2. By checking the box "I agree with the Terms of Use" on the Site, the User thereby confirms acceptance of the provisions of these Terms of Use, agrees with all the provisions of these Terms of Use, his/her rights and obligations set forth in this document, agrees with the collection and processing by the Company personal data and his/her User Content and becomes a User in accordance with these Terms of Use. If the User has not reached the age of majority, the consent of the official legal representative or guardian of such User is equivalent to the User's consent to the Terms of Use.

4.3. You can register a Personal Account (1) through your Google account, (2) through your Facebook account, if your email address is linked to it, or (3) through your email.

4.4. When registering an Account, you represent and warrant that you have the legal capacity (including, without limitation, fulfillment of the terms of clause 2.5.1. Of this Agreement) to enter into contracts in accordance with applicable law, and are not included in the list of persons who are prohibited from receiving services in accordance with the laws of your country of residence or the Republic of Estonia.

4.5. The registration form consists of: an email address or binding an email address through an account in another service, a Username and password.

4.6. Your password in the Service must meet the following security requirements: at least 8 characters, of which at least one number and one capital letter. If the security requirements are not met, the password may not be accepted by the Service.

4.7. After the User fills out the registration form, agrees with these Terms of Use and sends a request to the Company to activate the Account, the Service automatically sends the User a link to the specified email address to activate the Account on the Site.

4.8. By clicking on the link, the User activates the Account and can enter his Personal Account on the Site using his username and password.

4.9. If you refuse to accept these Terms of Use, register or activate an Account, the provision of access to the Service and its functionality will not be provided. If you refuse to accept these Terms of Service, register or activate an Account, we do not store your personal data.

4.10. Blocking of the Personal Account. The User's personal account can be blocked by us at any time and without prior notice to the User. When the Personal Account is blocked, you cannot use the Service, and you have access to your Personal Account only in the Payment section, the functionality of the Service is not available to you, and all integrations configured by you in your Account are suspended.

4.10.1. Including, if you are late in payment of the selected paid Tariff, access to your Personal Account remains, and services on the Service are suspended. To resume the work of the Account, the User must pay the activated Tariff.

4.10.2. In order to unblock the Personal Account, which is blocked for some reason, the User must pay for the Account or contact the Company's support service and follow their instructions, if the Account can be unblocked according to the terms of this Agreement. Excluding users who are citizens of the Russian Federation or the Republic of Belarus or users or companies that conduct any commercial activity with citizens or companies of the Russian Federation or the Republic of Belarus.

4.11. Removing the Personal Account. You can delete your Account at any time by sending an official letter specifying the reasons for deleting the Account from your registered email address to the ApiX-Drive support service email. If you delete your Account in the middle of the validity period of the paid Tariff, payment for the unused time of use is not refundable.

After deleting your Personal Account, we permanently and completely delete your User Content and personal data associated with it, with the exception of the data that we are obliged to store in connection with our data processing purposes, which are specified in the Privacy Policy. We store such necessary data in encrypted form.

4.12. We reserve the right, at our discretion, at any time and for any reason, to stop providing access to the Service to the User by blocking the User's Account. Among other things, the reasons why we may block an Account include, but are not limited to:

  • violation of the terms of this Agreement, including the provisions of clause 2.5., or applicable law;
  • registration of more than one Account by one User;
  • connection to the Service of a system account, application or service that was previously connected to another User Account;
  • the client or company is a citizen of the Russian Federation or the Republic of Belarus or conducts any commercial activity with citizens or companies of the Russian Federation or the Republic of Belarus.

4.13. You acknowledge and agree that we reserve the right to block or delete User Accounts that are inactive on the Service for a long period of time.

5. Using the Service through the Personal Account

5.1. In the Personal Account, the User has access to the following sections on the control panel and the following actions in them:

  • Section "Links": adding or removing links and integrations between different services, applications and/or sites; settings and editing of added links and integrations (filters, notification period, etc.); viewing a report on links, errors in them and the amount of data transferred.
  • Section “Access”: selection of services, applications and/or sites available for communication and integration.
  • Section "Finance": changing the Tariff, paying the Tariff, viewing the history of payments, setting up a regular payment, etc.
  • Section "Partner Cabinet" (if connected): viewing the list of Users who have registered in the Service using the partner's referral link; payment history of the Tariffs of such Users, the total amount of the partner's commission, the amount of commission available for withdrawal; links to official and acceptable advertising materials of the Service and the partner's referral link to attract new Users.
  • section “My Profile”: change the applicable time zone, username, phone number, password, etc.
  • section "Notifications": deleting received notifications, reviewing received notifications.
  • section "Video Help": this section contains videos on setting up the Service.
  • "Help" section: This section contains written information on setting up the Service, the most frequently asked questions and answers to them, detailing the work of the Service sections, etc.
  • Menu - access to sections of the Service, details of the activated Tariff, tracking the consumption of limits and the validity of the Tariff;

5.2. Control Panel is the User's interface in the Service, which allows the User to change the available settings of the Service and to carry out other actions in the Service provided for by the Tariff.

5.3. The scope of functions available to the User on the control panel in the Personal Account depends on the activated Tariff.

5.4. You acknowledge and agree that the Company may establish general rules and restrictions regarding the use of the Service and may change such rules and restrictions from time to time. We reserve the right to set rules and restrictions on the use of the Service at our sole discretion at any time with or without notice.

6. Rights and obligations

6.1. The company is obliged to:

6.1.1. organize and ensure the correct functioning of the Service;

6.1.2. use the User Content and the User's personal data only for the purposes of collecting and processing information;

6.1.3. provide Users with up-to-date, timely and sufficient support service;

6.1.4. inform the User about the change in Tariffs by means of notifications in the Personal Account and/or by e-mail;

6.2. The company has the right to:

6.2.1. receive from the User all the data necessary to fulfill their obligations under this Agreement;

6.2.2. make changes to the Tariffs without prior agreement, but taking into account the prior notification of the User;

6.2.3. block or delete the User's Account in accordance with the terms of this Agreement;

6.2.4. change the terms of this Agreement and/or the Affiliate Program unilaterally;

6.3. The user is obliged:

6.3.1. pay the cost of the selected Tariff, if it belongs to the paid section;

6.3.2. use the Service only within the limits of the rights and in the ways provided for by these Terms of Use for personal or internal business purposes, but in no case for the purpose of monetizing the Service by the User;

6.3.3. independently ensure the technical possibility of using the Service, including: uninterrupted access to the Internet; the presence on the User's computer from which the Service is accessed, software for accessing the Internet, which will be sufficient and suitable for using the Service;

6.3.4. independently study the instructions and documentation posted in the control panel of the User's Personal Account to get acquainted with the functions of the Service and details of various Tariffs;

6.3.5. do not register for free access to the Service Accounts that duplicate an already created Account or Accounts, regardless of whether such Accounts have been deleted or blocked;

6.3.6. refrain from copying, reproducing and/or publishing the Service or its individual elements and from saving the Service on a tangible medium, including for the purpose of transferring it to third parties;

6.3.7. provide the Company with consent to the Terms of Use and the Privacy Policy, which are necessary for the collection and processing of User data prior to any sending of any data to the Service in accordance with the procedure set forth in this document;

6.3.8. not to disclose information about your Personal Account and other data in connection with the use of the Service and these Terms of Use;

6.3.9. refrain from attempting to access or obtain the source code or architecture of the Service;

6.3.10. not use the Service in any way that causes or may damage the Service or impair the availability of the Service;

6.3.11. refrain from attempts to reverse compile, disassemble, re-engineer or otherwise transform into a human-readable form of all or any part of the Service;

6.3.12. refrain from attempting to investigate, scan or test the vulnerability of the Service or any related system or network, or violate any security or authentication functions or measures of the Service;

6.3.13. refrain from using the Service to commit illegal actions, including but not limited to: spam mailing, sending threats and insults, spreading false advertising, calling for violent actions;

6.3.14. refrain from posting on the Service and/or sending out files of viruses and other malicious programs using the Service, or in any other way to distribute malicious programs using the Service;

6.3.15. refrain from attempts to circumvent the technical restrictions established in the Service;

6.3.16. not use or access any services, software to create a product, service or solution competitive to the Service;

6.3.17. use all reasonable measures, including the security of your username and password, to ensure that no third party can access the Service;

6.3.18. use all reasonable measures to prevent any unauthorized access or use of the Service by any unauthorized third parties and, in the event of any such unauthorized access or use, promptly notify the Company.

6.4. The user has the right to:

6.4.1. get access to the Service and use the Service in the amount provided for by the activated Tariff;

6.4.2. select or change the Tariff at your own discretion;

6.4.3. carry out any actions related to the operation of the Service, in accordance with its purpose and the activated Tariff, and in accordance with the terms of this Agreement.

6.5. Users and the Company have other rights and obligations, which may be specified in other sections of this Agreement.

7. Terms of payment and return

7.1. The Service is provided subject to the activation of a certain amount of functionality and the term of use of the Service for a certain fee or without it (“Tariff”). Some functions of the Service are provided only on the basis of a subscription to a paid Tariff. Subscription means payment by the User for the services of access and use of ApiX-Drive by paying the monthly cost of providing services, according to the selected paid Tariff.

7.2. The cost of subscribing to a paid Tariff, the limits of paid and free Tariffs may vary depending on the volumes and limits of the Tariffs in accordance with our current pricing policy, available for review in your Personal Account or on the Website.

7.3. When the User first registers in the Service, he/she is provided with a free fourteen (14 day) trial period, starting from the date of activation of the Personal Account (“Trial Period”). After the expiration of the Trial period, if you do not switch to the paid version of the Service, you automatically get access and can use only those functions of the Service, the use of which is governed by the terms of the free Tariff. The Service also has an option of a thirty-day (30-day) Trial Period, which can only be applied to Users who have registered using a referral link of a certain category of the Company's Partners. You can learn more about the 30-day Trial period by reading the Terms of the Affiliate Program.

7.4. FUNCTIONAL SERVICE PROVIDED DURING A FREE TRIAL OR FREE RATE ARE PROVIDED "AS IS" WITHOUT WARRANTY OR REFUND OF ANY KIND.

7.5. If the User wants to change the activated Tariff to another paid one, he can do this at any time in his Personal Account by choosing the required Tariff and paying for it. The new Tariff can begin (1) immediately after payment, or (2) after the expiration of the previous Tariff. If you have chosen option (1) and change the Tariff immediately after payment, we do not transfer unused transactions for which you have already paid to your new Tariff and will not refund the cost of unused limits of the previous Tariff.

7.6. Paid Tariffs are paid on a prepaid basis. Payment is possible only in the way that is available through the Personal Account.

7.7. If the User does not pay the paid Tariff within 30 (thirty) calendar days from the moment of blocking the Personal Account, the Company considers such actions of the User as a refusal to fulfill the Agreement and has the right to delete the Personal Account and all User data, in accordance with the terms of this Agreement.

7.8. If the User has exceeded the limits and volumes of the activated Tariff, the provision of access and use of the Service is suspended.

7.9. The User pays for a subscription to the Tariff according to the Company's price list, specified in his Personal Account or on the Company's Website. To pay for a subscription to the Tariff, the User's payment information must be complete, accurate and sufficient. The cost and currency of the Tariff is indicated in the corresponding section of your Personal Account when paying. Payment for the subscription means the User's agreement with the volume, limits and duration of the Tariff. By default, the User agrees that the Company does not issue separate documents for each payment. An invoice or receipt is available in the personal account of the Account for any or all payments made. In the absence of documents confirming payment, the User must contact the support service to obtain them at the contacts specified in the Terms of Use. The User agrees that payment confirmation is the history of payments made by such a User when using the Service, which can be found in the corresponding section of the Account.

7.9.1. If you have chosen to pay for the Tariff by debiting funds from the credit card that you indicate as part of your billing information, such payment will be automatically and immediately debited from your credit card every billing period. By choosing such a payment method, you agree that the Company may charge from your specified credit card all amounts of the cost of the Tariff you activated for your Personal Account for the payment period that you selected when paying until you cancel such payment.

7.10. The date of payment of the Tariff is the date when funds from the User are credited to the Company's account. Partial payment by the User of the selected Tariff is not allowed.

7.11. If the User has claims to the volume of the activated Tariff, the User is obliged to notify the Company about them no later than 5 (five) days from the moment of their occurrence. The Company is obliged to consider the User's claim no later than 3 (three) working days, and, if justified, take all necessary measures to eliminate its cause, or provide the User with instructions for eliminating the reasons for the claim.

7.12. To the maximum extent permitted by applicable law, we may change our Rates prices at any time. We will notify you within a reasonable time of any such price changes by posting new prices on the Service or on the Site and/or by sending you an email or notice on the Service. If you do not want to pay for your subscription to the Tariff at the new prices, you can revoke access to the Service before the changes take effect.

7.13. You can familiarize yourself with the terms of the refund in the Refund Policy, which is an integral part of this document.

7.13.1. By agreeing to the Terms of Use, you guarantee that you know that you are or are not a User who followed the Partner's referral link. If you are not sure whether you are a User who followed the Affiliate's referral link, please check with the Company's support service before accepting the Terms of Use.

7.14. The Company has the right to announce any discounts, promo codes and promotions for certain Tariffs or for certain conditions of payment for a subscription to Tariffs, conditions for connecting to the Service, etc. The terms of each discount, promotional code or promotion are separately published on our Site for each specific discount, promotional code or promotion. The user is solely responsible for the use of a discount, promotional code or participation in a promotion before its expiration date, and overdue discounts, promotional codes and promotions cannot be refunded or extended. The User is also responsible for terminating the use of the Service before the end of the promotion or the validity period of the discount or promotional code, if the User does not want to continue using the Services at the regular price. The company reserves the right to cancel discounts, promotional codes and promotions at any time.

7.15. By agreeing to the Terms of Use and paying the paid rates of the Service, you warrant that you are not a citizen of the Russian Federation or the Republic of Belarus or a user or company that conducts any commercial activity with citizens or companies of the Russian Federation or the Republic of Belarus. For such persons or companies, it is impossible to pay or use the paid rates of the Service. In case of violation of the conditions and payment through third parties or countries, the client will be blocked without a refund of the paid tariff.

8. Warranties and Disclaimer

8.1. Guarantee. If you are a User subscribing to a paid Tariff, we guarantee you the provision of the Service during the validity of the paid Tariff on the conditions specified in this Agreement. In the event of any violation of such a guarantee, your exclusive remedy will be (1) re-provision by the Company of the non-provided or non-working functionality of the Service or, in case of failure of the first option, (2) a partial refund for the non-provided or non-working functionality. In order to exercise this right, you must notify the Company in writing about any warranty case within 5 (five) calendar days from the date of failure to provide or provide non-working functionality of the Service in order to receive the above warranty compensation means.

8.2. EXCEPT THAT EXPRESSLY STATED IN THE TERMS OF USE OR REQUIRED TO MEET THE STANDARDS APPLICABLE LAW, NEITHER THE COMPANY NOR ITS LICENSORS, LICENSORS, PARTNERS, CONTRACTORS, AGENTS, OTHER RELATED ENTITIES MAKE ANY SPECIFIC PROMISES, WARRANTIES OR REPRESENTATIONS WITH RESPECT TO SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE USER UNDERSTANDS AND AGREES THAT HE/SHE USES THE SERVICE AT THEIR SOLE RISK.

8.3. ALSO ANY COMPANY OR ITS LICENSORS, LICENSORS, PARTNERS, CONTRACTORS, AGENTS, OTHER RELATED ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICE OF CERTAIN FUNCTIONS OF THE SERVICE OR RELIABILITY, AVAILABILITY, ACCURACY OR POSSIBILITIES. THE COMPANY DOES NOT WARRANT THAT THE ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED OR THAT THE RESULTS OF USING THE SERVICE WILL BE ENJOYABLE. SOME JURISDICTIONS OFFER CERTAIN WARRANTIES AS AN IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM POSSIBLE PERMITTED BY LAW, THE COMPANY EXCLUDES ALL SUCH WARRANTIES.

8.4. NEITHER THE COMPANY, NOR ITS LICENSES, LICENSORS, PARTNERS, CONTRACTORS, AGENTS, OTHER RELATED PERSONS SHALL BE LIABLE FOR THE LOSS OF PROFIT, INCOME OR DATA, DIRECT OR INDIRECTLY USED FINANCIAL USE.

8.5. UNDER NO CIRCUMSTANCES, THE COMPANY, NOR ITS LICENSES, LICENSORS, PARTNERS, CONTRACTORS, AGENTS, OR OTHER RELATED PERSONS SHALL BE LIABLE FOR ANY DAMAGES OR DAMAGES THAT ARE THEREOF.

8.6. ANY USER CONTENT, HAVE BEEN ADDED TO OR DERIVED FROM SERVICE OR RESULTING FROM THE USE OF THE SERVICE, LOADS THE USER IS AT YOUR SOLE RISK AND USERS HAVE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM OR MOBILE DEVICES USER OR LOSS OF SUCH USER CONTENT.

8.7. THE COMPANY IS ALSO NOT LIABLE FOR ANY PRODUCT, SITE OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH APIX-DRIVE.

8.8. If you are a US User: Certain federal, state, and other jurisdictions do not allow the exclusion or limitation of certain warranties. The above exclusions may not apply to such Users. This Agreement grants such Users certain legal rights, and such Users may also have other rights that vary from state to state. The disclaimers under this Agreement do not apply to the extent prohibited by applicable law.

8.9. The company is also exempt from liability for full or partial failure to fulfill obligations under this Agreement if such failure is the result of force majeure (“Force Majeure”), including riots, prohibitive actions of the authorities, natural disasters, fires, catastrophes and other circumstances force majeure, including but not limited to:

  • Power outages;
  • Global outages in the Internet;
  • Failure of routing systems;
  • Disturbances in the distributed domain name system;
  • Failures caused by hacker and DOS attacks, as well as other illegal actions of third parties;
  • Malfunctions in the User's equipment, including, but not limited to, mobile devices where the Service is used.

8.10. Reimbursement. The user agrees to indemnify and hold harmless the Company and its associated persons, officers, directors, agents, partners, contractors and employees from any claims or demands ⁠- including but not limited to attorney fees and costs ⁠- any third party due to or in connection with any unlawful or criminal use or connection to the Service, violation of these Terms of Use, violation of any rights of third parties or applicable law by the User or his associated persons, officials, directors, agents, partners and employees within the limits permitted by applicable law.

9. Intellectual property rights

9.1. Without prejudice to any more specific provisions of these Terms of Use, any intellectual property rights such as copyrights, trademark rights, patent rights and design rights associated with ApiX-Drive are the exclusive property of the Company or its licensors and are subject to protection. applicable law or international treaties in the field of intellectual property.

All trademarks and all other marks, trade names, service marks, word marks, illustrations, images or logos associated with ApiX-Drive are and remain the exclusive property of the Company or its licensors and are protected by applicable laws or international treaties in the field of intellectual property.

9.2. Except as expressly stated in this document, these Terms of Use do not grant the User any rights to patents, copyrights, database rights, trade secrets, trade names, trademarks (registered or unregistered) or any other rights or licenses in relation to ApiX-Drive.

9.3. The Company confirms that it has all the rights in relation to ApiX-Drive that are necessary to provide all the services that the Company intends to provide in accordance with these Terms of Use.

9.4. If you believe that our content infringes copyright or any trademark under US or other national law, please notify us immediately using the contact information provided in this document. We will do our best to investigate any allegations of violation of rights brought to our attention.

9.5. The Company and its licensors retain all intellectual property rights to their content on the Service and Site. Our content includes, but is not limited to, information and materials, but is not limited to HTML, text, audio, music, video, photographs, graphics, messages, white papers, product descriptions, software, code and other content available on the Site, our accounts on social networks and in the Personal Account, with the exception of third-party content and your User Content.

9.6. Users cannot use our content in any way that is not necessary for the proper use of the Service. In particular, but without limitation, Users or their representatives may not copy, download, share (outside the limits set forth in these Terms of Use), modify, translate, transform, publish, transfer, sell, sublicense, edit, transfer/transfer to third parties. or create derivative works from our content available on the Service and on the Site, and also cannot allow third parties to do this through the User's Account or the User's device, even without the knowledge of the User or his affiliates.

9.7. Nothing in these Terms of Use should be construed as granting any license or right to use the Company's trademarks without the prior written consent of the Company.

10. Data processing

10.1. The Company processes the personal data of Users in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation - “GDPR ”), the terms specified in this document and the Privacy Policy.

10.2. The company should not use personal data for any purpose other than those specified in this document and the Privacy Policy.

10.3. The company does not make unilateral decisions regarding the processing of personal data for other purposes, including the decision to provide such personal data to third parties or the terms of data storage. The Company will notify the User of all changes in the terms of the Privacy Policy in advance within a reasonable time.

10.4. We collect and process information that is contained in your accounts in different applications or services that you have linked and that is transmitted using the Service, solely for the purpose of providing you with services using the Service. We use encrypted log files in order to transfer information received from the sources you specify. Such information will be stored within the time frame specified in our Privacy Policy.

10.5. All personal data that you provide to us is protected by standard procedures and technologies. We regularly check the system for weaknesses and possible attacks, and we use such security measures to, as far as possible, prevent unauthorized access to your personal data and ensure adequate modern security of such data. The security measures used are regularly updated.

10.6. However, we cannot fully ensure the security of your data without your help and appropriate security measures. Therefore, you must maintain the confidentiality of your username and password and other access data to our Service, following the basic security principles. Please always remember that e-mail, online chat messages and other types of communication on the Site are not encrypted. Therefore, we strongly recommend that you do not use these forms of communication to provide confidential information.

10.7. The User grants the Company a non-exclusive license to copy, reproduce, store, distribute, publish, export, adapt, process, edit and translate your personal data and your User Content to the extent reasonably necessary to fulfill the Company's obligations and fulfill the Company's rights in accordance with these Terms. use. The User also grants the Company the right to sublicense these rights to its hosting, connectivity and telecommunication service providers subject to any explicit restrictions elsewhere in these Terms of Use.

10.8. You guarantee the Company that your User Content and personal data used by the Company in accordance with these Terms of Use will not violate Intellectual Property Rights, personal data protection rules or other legal rights of any third party and will not violate the provisions of any laws, statutes or regulations in any jurisdiction and in accordance with any applicable law.

10.9. The Company creates a backup copy of information about your use of the Service (including statistical data on communication activities, use of the Tariff, etc.) at least once a day, and must ensure that each such copy is sufficient to allow the Company to restore the services to a state in which they were located at the time of the backup. The Company will securely store each such copy for a minimum of seven (7) calendar days.

10.10. Within 1 (one) business day after receiving a written request from the User, the Company must make all reasonable efforts to restore in the Service your data on the use of the Service stored in the last valid backup created and stored by the Company.

10.11. The Company processes the personal data of Users subject to the provisions of this section and the Privacy Policy.

10.12. Notwithstanding any other provisions of these Terms of Use, the Company may process the personal data of Users or their representatives, if and to the extent necessary in accordance with applicable law. In such a case, the Company must inform the User of the legal requirements before processing, unless the law prohibits such informing on the basis of important grounds of public interest.

10.13. The Company may engage a third party to process your personal data and your User Content, ensuring that such subprocessors comply with the GDPR requirements regarding personal data protection and general data security. The Company must inform the User within a reasonable timeframe of any proposed changes regarding the addition or replacement of any third-party processor, and if the User objects to any such changes prior to their implementation, the User may terminate his Personal Account. Company must ensure that each third party processor is subject to legal obligations equivalent to those imposed on Company under the provisions of this Section 10.

10.14. The data subject under this Agreement is the User or an individual authorized to use the Service on behalf of the User's legal entity.

10.15. The company establishes security in accordance with Art. 28, para. 3 point c and art. 32 GDPR, in particular in conjunction with Art. 5, para. 1 and para. 2 GDPR. Necessary measures are data security measures and measures to ensure a level of protection that is commensurate with the risk of confidentiality, integrity, availability and resiliency of systems. It is necessary to take into account the state of affairs, implementation costs, the nature, scope and purpose of processing, and also take into account the likelihood and severity of the risk to the rights and freedoms of individuals in accordance with paragraph 1 of Art. 32 GDPR.

11. Mailings, notifications, calls

11.1. The User agrees that the Company from time to time may send mailings or send notifications to the User both in the User's Personal Account and by sending a letter to his email address, which he indicated during registration.

11.2. All contact with the User or potential User on behalf of the Company is carried out through the support service of the Company or through the employees, contractors or other authorized persons of the Company responsible for this.

11.3. The user can at any time refuse to receive mailings and notifications via e-mail, as well as from receiving calls. In this case, we are not responsible for the fact that you will not be promptly notified of any changes in the Tariffs, these Terms of Use, the Privacy Policy or other technical and other changes in the operation of the Service.

11.4. Mailings and notifications can be as follows:

  • an email to activate your Account after registration;
  • letters with instructions and training on using the Service;
  • letters with recommendations for setting up integrations;
  • error notifications in configured integrations;
  • notifications about changes in the operation of our Service or integrations with other services;
  • administrative notices: work schedule, changes in Tariffs and their prices, interruptions in work, changes in these Terms of Use or Privacy Policy;
  • notifications about the need to pay for the activated paid Tariff;
  • monthly digest, news about new integrations or blog articles;
  • Thanksgiving letters;
  • other letters that are necessary in order to provide you with quality services for using the Service.

11.5. In addition, if the User indicated his phone number in his Personal Account or when making a payment for the Tariff, he agrees that we can also contact him by this phone number.

11.5.1. The company may call you with the following questions:

  • notifications about the failure of the Service or the need to change the integration settings in the User's Personal Account;
  • notification of the suspension of the transfer of your User Content through the Service for any reason;
  • on technical or organizational issues related to the work of customized integrations, improving the operation of our Service, or choosing and renewing Tariffs;
  • on the issues of connecting the User to the Affiliate Program.

11.6. Our notice to you by email or regular mail, and notices or links displayed in connection with the provision of the services, are acceptable notice to you in accordance with the Terms of Use. We are not responsible for your failure to receive notification if our email address is quarantined by your email security system (for example, your junk or spam folder) or if you are unable to update your email address in Service. A notice will be deemed to have been received forty eight (48) hours after it has been sent if it is sent by e-mail or regular mail. In the event that a notification is transmitted through the links displayed in the Service, it will be considered received 24 (twenty four) hours after the first display in the Personal Account. In the event that the notification is transmitted by means of a telephone conversation with the User, the notification shall be considered transmitted immediately after the end of such a conversation with the User.

12. Final provisions

12.1. These Terms of Use, which include the Privacy Policy and other additional documents, constitute the entire agreement of the parties with respect to the subject matter of this Agreement and supersede and supersede all oral or written prior agreements, statements and understandings of the parties in connection with the subject matter.

12.2. If any part of these Terms of Use is held invalid or unenforceable under applicable law, including but not limited to disclaimers and limitations of liability set forth, then the invalid or unenforceable provision will be deemed superseded by the current enforceable provision. which most closely matches the intent of the original position. The invalidity or unenforceability of such a provision does not affect the validity of the remaining provisions of this Agreement, the remaining provisions will remain valid.

12.3. These Terms of Use are governed by the laws of the Republic of Estonia without regard to conflict of laws rules.

12.3.1 European Consumer Exception. However, notwithstanding the foregoing, if the User is a resident of the EU and qualifies as a European consumer or has a residence in a country where the law provides for higher standards of consumer protection, such higher standards shall prevail.

12.4. The company reserves the right to amend or otherwise change these Terms of Use at any time. In such cases, the Company will properly inform the User about these changes. Such changes will only affect the relationship with the User in the future.

Continued use of the Service will constitute acceptance by the User of the revised Terms of Use. If Users do not want to be bound by changes, they must stop using the Service before such changes take effect. Failure to accept the revised Terms of Use may entitle either party to terminate the Agreement.

The applicable previous version of the Terms of Use will govern the relationship of the parties until the User accepts the new version. The user can get any previous version from the Company.

12.5. The Company reserves the right to transfer, assign, alienate or subcontract any or all of the rights or obligations under these Terms of Use, taking into account the legitimate interests of the User. Provisions regarding changes to these Terms of Use will apply accordingly.

Users may not assign, delegate or otherwise transfer their Account or their obligations under these Terms of Use without our prior written consent.

12.6. The exclusive competence to decide on any dispute arising out of or related to these Terms of Use rests with the courts of the Republic of Estonia.

12.6.1. The above does not apply to any European Users, nor to Users from Switzerland, Norway or Iceland.

12.7. Dispute Resolution.

12.7.1. Peaceful resolution of disputes. Although the User's right to file a claim always remains unchanged, in the event of any disagreement regarding the use of the Service, Users are asked to contact the Company using the contact details specified in this document. The user may submit a complaint, including a brief description and, if applicable, details of the relevant order, purchase or account to the Company's email address specified in this document.

12.7.2. Online dispute resolution. The European Commission has created an online platform for Alternative Dispute Resolution that simplifies the out-of-court method of resolving any dispute related to online contracts. Any User who is a resident of the EU can use such a platform to resolve any disputes arising from contracts concluded online. The platform is available at this link.

12.8. Our failure to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision.

12.9. To ensure the best possible level of accessibility and operation of the Service, the Company reserves the right from time to time to modify, supplement or change the design, functionality or information contained in the Service, informing Users accordingly.

Under the applicable law, the Company may also decide to suspend or terminate the provision of the Service as a whole. In the event of termination of the Service, the Company will work with you to enable you to withdraw your User Content in accordance with applicable law.

12.10. To find out more about the processing of data by us, you can refer to our Privacy Policy.

12.11. Through the Service, Users can have access to external resources provided by third parties. Users acknowledge and agree that the Company does not control such resources and, therefore, is not responsible for their content and availability. The terms applicable to any resources provided by third parties arise from the terms of each such third party or, in the absence of such, applicable law.

12.12. All messages regarding the use of the Service must be sent using (1) the email address of the ApiX-Drive support service, (2) to the legal address of the Company or (3) using the online chat with our support service in your Personal Account or on the Website.

The time and days of the Service support service are indicated on the Site.

Support email: support@apix-drive.com

You can find additional contact information on our Site.