Terms of Service

• •Apptimatic, we, us or our means the Apptimatic entity identified in the applicable Order Form or SOW.
• •Services means our websites, software products, implementation, support and custom development services.
• •Products currently include SECTORiX, eRestu Restaurant, eRestu Hotel, eHRDesk and Apptimmerce, together with modules or updates identified in your Order Form.
• •Customer, you or your means the individual or organization accepting these Terms.
• •Customer Data means information submitted to or processed through the Services on your behalf.

• •You must have legal capacity to accept these Terms. If you act for an organization, you confirm that you are authorized to bind it.
• •You must provide accurate account and billing information and keep it current.
• •You are responsible for authorized users, role assignments, credentials and activity performed through your accounts.
• •Credentials must not be shared except through product-supported role or delegation features. Notify us promptly of suspected unauthorized access.
• •Customer administrators control their users and are responsible for configuring access according to their own internal policies and legal obligations.

Service scope

• •The selected Product, modules, user or location limits, hosting model, subscription period, implementation work and fees are stated in the applicable Order Form or SOW.
• •Features shown on our website describe general capabilities. Availability may vary by edition, configuration, implementation status and agreed scope.
• •Trials and demos may be limited, changed or withdrawn and must not be used as production systems unless we agree otherwise in writing.

License

• •During the paid term, we grant you a limited, non-exclusive, non-transferable and revocable right to use the selected Services for your internal business purposes.
• •No ownership in our Products, source code, designs, documentation, trademarks or underlying technology transfers to you except where a signed SOW expressly says otherwise.
• •Self-hosted or on-premise deployments remain subject to the license scope and any installation, environment and maintenance terms in the Order Form.

• •Do not use the Services unlawfully, fraudulently or to infringe privacy, intellectual property or other rights.
• •Do not probe, disrupt, overload or bypass security, authentication, usage limits or access controls.
• •Do not introduce malware, scrape protected areas, interfere with other customers or use unauthorized automated access.
• •Do not reverse engineer, decompile, copy, sublicense, resell or create a competing product from the Services except where applicable law expressly permits and cannot be waived.
• •Do not upload content you lack the right or lawful basis to process. You remain responsible for the accuracy, legality and quality of Customer Data.

• •You are responsible for configuring workflows, permissions, tax settings, payroll rules, prices, inventory, rates, discounts and approval policies for your business.
• •You must review outputs before relying on them for payroll, tax, provident or gratuity funds, accounting, bookings, orders, payments or regulatory submissions.
• •Our Services assist operations but do not replace professional legal, tax, accounting, HR or compliance advice.
• •You are responsible for obtaining required notices, consents and lawful bases from employees, guests, customers and other data subjects.
• •You must maintain suitable devices, connectivity, operating environments and any third-party accounts needed for your chosen deployment.

• •Fees, currency, billing schedule, payment method, taxes and renewal terms are specified in the Order Form, invoice or SOW.
• •Unless stated otherwise, invoiced fees are due by the stated due date and exclude taxes that the Customer is legally required to pay.
• •Late or failed payment may lead to restricted access or suspension after reasonable notice, subject to applicable law and the agreed commercial terms.
• •Renewal, cancellation, credits and refunds follow the applicable Order Form or SOW. If it is silent, subscriptions do not receive refunds for a period already supplied except where required by law.
• •We may change future pricing on prior notice; a price change will not retroactively alter a fully paid current subscription term.

Ownership and instructions

• •As between the parties, you retain rights in Customer Data. You grant us the rights needed to host, process, transmit, back up and otherwise handle it to provide, secure and support the Services.
• •We process personal data in accordance with our Privacy Policy and any applicable signed data-processing agreement.
• •Data export format, migration assistance, retention and deletion depend on the Product, deployment and agreed plan. Request an export before termination where the Product makes one available.

Security

• •We use reasonable administrative, technical and organizational safeguards appropriate to the Service. No internet or storage system is completely secure, and we do not promise absolute security.
• •You must use available access controls, protect credentials, maintain authorized-user lists and promptly remove access that is no longer required.

• •Some deployments may connect to payment gateways, messaging providers, identity providers, couriers, analytics tools, cloud hosting or other third-party services.
• •Third-party availability, pricing, processing times and terms are controlled by those providers. You are responsible for your separate accounts and compliance with their terms.
• •We are not responsible for a third-party service, but we remain responsible for our own integration work as described in the applicable Order Form or SOW.
• •A third-party name on a proposal or product page does not guarantee that the integration is included in every edition or deployment.

• •Some Products may include rule engines, warnings, recommendations or AI-assisted features. Their availability and behavior depend on configuration and Product version.
• •These features may produce incomplete, inaccurate or unsuitable suggestions. Authorized users must review outputs before applying or relying on them.
• •Unless expressly stated in the Product and agreed scope, an assistant does not independently approve transactions, change source records or replace required human authorization.
• •Do not submit sensitive or regulated information to an optional external AI feature unless your organization has approved that processing and the applicable terms permit it.

• •Custom work is governed by a SOW defining deliverables, assumptions, dependencies, milestones, acceptance criteria and payment terms.
• •A change to scope, integrations, data migration or Customer dependencies may require a written change request, additional fees and a revised timeline.
• •You will provide timely access, content, data, decisions, testing and approvals. Delays in these dependencies may affect delivery dates.
• •Ownership of custom deliverables is determined by the SOW and usually transfers, if agreed, only after full payment. We retain our pre-existing materials, reusable tools, frameworks, know-how and generic components.
• •Open-source and third-party components remain subject to their respective licenses.

• •Support channels, hours, response targets, maintenance, backups and availability commitments are defined by the applicable support plan or Order Form.
• •We may update Products to improve security, reliability or functionality. We will use reasonable efforts to give notice of material changes that significantly reduce core paid functionality.
• •Planned maintenance, emergency maintenance, internet failures and third-party outages may temporarily affect availability.
• •Customer-specific customizations may require separate maintenance when a core Product is updated.

• •Each party will protect the other party’s non-public business, technical and commercial information with reasonable care and use it only for the relationship.
• •Confidentiality does not cover information lawfully known without restriction, independently developed, publicly available without breach or rightfully received from another source.
• •A party may disclose confidential information when legally required after giving notice where permitted.
• •Apptimatic and its licensors own the Services, documentation, product improvements and related intellectual property. Feedback may be used without restriction or payment, provided it does not identify Customer Data.

• •Either party may terminate as allowed by the Order Form or SOW. A party may terminate for a material breach not cured within a reasonable written cure period, unless the breach cannot be cured.
• •We may immediately restrict or suspend access where reasonably necessary to address a security threat, illegal use, harm to the Services or other customers, or a legal requirement.
• •On termination, your right to use the affected Services ends, outstanding amounts become due, and data handling follows the applicable retention terms and Privacy Policy.
• •Provisions that by their nature should survive—including payment, confidentiality, intellectual property, disclaimers, liability and dispute terms—continue after termination.

• •We will provide the Services with reasonable skill and care and substantially in accordance with the applicable written description during the paid term.
• •To the maximum extent permitted by law, Services are otherwise provided as is and as available. We disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement.
• •We do not warrant uninterrupted or error-free operation, that every defect will be corrected, or that business, financial, tax or compliance outcomes will be achieved.
• •Nothing in these Terms excludes a warranty or right that applicable law does not permit the parties to exclude.

• •To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, punitive or consequential loss, or loss of profit, revenue, goodwill or anticipated savings.
• •Except for liability that cannot legally be limited, each party’s total aggregate liability arising from the affected Services will not exceed the fees paid or payable for those Services during the 12 months before the event giving rise to the claim.
• •The limitations apply regardless of the legal theory and even if a party was advised that a loss was possible.

• •You will defend and indemnify Apptimatic against third-party claims arising from unlawful Customer Data, your violation of acceptable-use obligations, or your infringement of another party’s rights.
• •We will provide prompt notice and reasonable cooperation, and you may control the defense and settlement provided no settlement admits fault or imposes non-monetary obligations on us without consent.
• •Any Apptimatic intellectual-property indemnity applies only if expressly included in an Order Form or SOW.

• •These Terms are governed by the laws of Bangladesh, without regard to conflict-of-law rules.
• •Before filing a claim, the parties will attempt in good faith to resolve the dispute through written notice and business-level discussion.
• •Unless an Order Form states another valid forum, the courts of Dhaka, Bangladesh have exclusive jurisdiction. Either party may seek urgent injunctive relief where appropriate.

• •Neither party is liable for delay caused by events beyond reasonable control, except that payment obligations for Services already supplied remain due.
• •You may not assign these Terms without our written consent. We may assign them as part of a merger, reorganization or transfer of the relevant business, subject to applicable law.
• •Notices may be delivered to the contacts in the Order Form or account records. Electronic notices and signatures are permitted where legally valid.
• •If a provision is unenforceable, it will be limited to the minimum extent necessary and the remainder will continue. Failure to enforce a provision is not a waiver.
• •These Terms and incorporated written agreements form the entire agreement on their subject and replace prior discussions on that subject.