Terms of Service

Last updated: January 26, 2025

Effective date: January 26, 2025

1. Agreement to Terms

By accessing or using APAS® Cloud ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service. These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

APAS® Cloud is an AI-powered advertising optimization platform designed specifically for healthcare organizations and agencies. The Service includes:

• Integration with Google Ads, Microsoft Ads, and Meta Ads platforms
• AI-driven campaign optimization and management
• Performance analytics and reporting
• Compliance monitoring for healthcare advertising
• Account management and collaboration tools

3. Account Registration

3.1 Account Creation

To use our Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

3.2 Account Requirements

• You must be at least 18 years old
• You must have the legal authority to bind your organization
• You must not use the Service for any illegal or unauthorized purpose

4. Subscription and Payment

4.1 Subscription Plans

APAS® Cloud offers various subscription plans. By selecting a plan, you agree to pay the associated fees according to the billing cycle you choose.

4.2 Billing

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law
• We reserve the right to change our pricing with 30 days' notice
• You are responsible for all taxes associated with your use of the Service

4.3 Free Trial

We may offer a free trial period. At the end of the trial, your account will be automatically upgraded to a paid subscription unless you cancel.

5. Use of Service

5.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights
• Transmit any harmful code or malware
• Attempt to gain unauthorized access to any part of the Service
• Use the Service to advertise prohibited healthcare products or services
• Engage in any activity that disrupts or interferes with the Service

5.2 Healthcare Compliance

You acknowledge that you are solely responsible for ensuring your advertising campaigns comply with all applicable healthcare advertising laws and regulations, including but not limited to:

• FDA regulations
• FTC guidelines
• HIPAA requirements
• State medical board regulations
• Platform-specific healthcare advertising policies

6. Third-Party Integrations

Our Service integrates with third-party advertising platforms. You acknowledge that:

• Your use of these integrations is subject to the third party's terms of service
• We are not responsible for the availability or accuracy of third-party services
• You must maintain valid accounts with integrated platforms
• We are not liable for any actions taken by third-party platforms

7. Intellectual Property

7.1 Our Property

The Service and its original content, features, and functionality are owned by APAS® Cloud and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Your Content

You retain ownership of any content you upload to the Service. By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display your content solely for the purpose of providing the Service.

8. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to our collection and use of information as detailed in the Privacy Policy.

9. Disclaimers

We do not warrant that:

• The Service will be uninterrupted or error-free
• The results obtained from the Service will be accurate or reliable
• Any errors in the Service will be corrected

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APAS® CLOUD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability shall not exceed the amount paid by you to us in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless APAS® Cloud, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your advertising content or campaigns

12. Termination

12.1 Termination by You

You may terminate your account at any time through your account settings or by contacting support.

12.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice, for:

• Breach of these Terms
• Non-payment of fees
• Suspected fraudulent, abusive, or illegal activity
• Extended periods of inactivity

12.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive.

13. Dispute Resolution

13.1 Arbitration

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

13.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions.

14. General Provisions

14.1 Entire Agreement

These Terms constitute the entire agreement between you and APAS® Cloud regarding the use of the Service.

14.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights under these Terms without your consent.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes at least 30 days in advance. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

16. Contact Information