1. Definitions
1.1 "Company," "we," "us," or "our" means AJPXolutions LLC, a Florida limited liability company with its principal place of business in the State of Florida, and its successors and assigns.
1.2 "Platform" or "Fidelu" means the Company’s software-as-a-service platform, including all modules made available by Company from time to time, including without limitation "AJPX Desk."
1.3 "Service" or "Services" means the Platform and any current or future module, feature, application, or service made available by Company under the Fidelu brand, together with any related websites, APIs, documentation, and support. The AJPX Desk module is currently made available at https://ajpxdesk.ajpxolutions.com, or such other URL(s) as Company may designate from time to time.
1.4 "Customer," "you," or "your" means the business entity that has registered for and subscribed to the Service under an Order Form, online signup flow, or other agreement incorporating these Terms.
1.5 "Authorized User" means an employee, contractor, or agent of Customer who is authorized by Customer to access the Service on Customer’s behalf.
1.6 "Customer Data" means data that Customer or its Authorized Users submit, upload, or otherwise provide to the Service about Customer’s own business (e.g., account configuration, internal notes, team records within the Platform).
1.7 "End Client Data" means data that Customer or its Authorized Users submit, upload, or otherwise provide to, or generate within, the Service about Customer’s own clients or customers (e.g., ticket records, contact information, device inventories, billing and invoice records, and appointment records relating to persons or entities that are customers of Customer, not of Company).
1.8 "Customer Data" and "End Client Data," together, are "Customer Content."
1.9 "Agreement" means these Terms of Service, together with any Order Form, Data Processing Addendum, or other document expressly incorporated by reference.
1.10 "Applicable Data Protection Law" means all data protection and privacy laws applicable to the processing of personal data under this Agreement, including, where applicable, the EU General Data Protection Regulation (GDPR), the UK GDPR, and applicable U.S. state privacy laws.
2. Acceptance of Terms
2.1 By creating an account, clicking "I agree," or otherwise accessing or using the Service, Customer agrees to be bound by this Agreement. If Customer does not agree, Customer must not access or use the Service.
2.2 The individual accepting this Agreement on behalf of Customer represents that they have authority to bind Customer to this Agreement.
2.3 By accessing or using the Service, Customer consents to receive communications from Company electronically, including by email and within the Service, and agrees that all agreements, notices, disclosures, and other communications Company provides electronically satisfy any legal requirement that such communications be in writing. Customer agrees to the use of electronic signatures and electronic records in connection with this Agreement and any Order Form, to the fullest extent permitted by the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state law.
3. Eligibility; Business Use Only
3.1 The Service is offered exclusively for use by businesses and is not offered to consumers for personal, family, or household use. Customer represents that it is a business entity accessing the Service for business purposes.
3.2 Customer represents that it and its Authorized Users are legally capable of entering into binding contracts and are not barred from using the Service under the laws of any applicable jurisdiction.
3.3 The individual accepting this Agreement, and each Authorized User, must be at least 18 years of age. The Service is not directed to, and must not be used by, individuals under the age of 18.
4. Description of the Service; Changes
4.1 The Service is provided on a subscription basis as further described in the applicable Order Form, pricing page, or in-Service plan selection.
4.2 Company may add, modify, deprecate, or discontinue any feature, module, or component of the Service at any time, provided that Company will use commercially reasonable efforts to notify Customer in advance of any change that materially reduces the core functionality of a paid plan.
4.3 Company may release new modules under the Fidelu brand from time to time. Use of any new module is governed by this Agreement unless Company presents Customer with separate terms for that module.
4.4 Certain features of the Service depend on third-party providers, including without limitation outbound email delivery and AI-assisted chatbot features. Company may, in its discretion and without terminating Customer’s account under Section 9, limit, throttle, restrict, or disable any such feature for a specific Customer — without affecting other Customers’ use of the Service — where Company determines this is reasonably necessary to protect the security, deliverability, cost, or integrity of the Service for Company or other Customers, including where a Customer’s use results in spam or abuse complaints, threatens Company’s standing with a third-party provider, or involves usage that Company reasonably considers excessive or abusive. Company will use reasonable efforts to notify Customer of any such restriction where practicable.
4.5 The Service may contain typographical errors, inaccuracies, or omissions, including in descriptions, pricing, or availability of a plan or feature. Company reserves the right to correct any such error, inaccuracy, or omission, and to update information on the Service at any time, without prior notice.
5. Account Registration
5.1 Customer must provide accurate, current, and complete information when registering for the Service and must keep such information up to date.
5.2 Customer is responsible for maintaining the confidentiality of login credentials and for all activity that occurs under its account, whether or not authorized by Customer, except to the extent caused by Company’s breach of this Agreement.
5.3 Customer must promptly notify Company of any unauthorized use of its account or any other known or suspected security breach.
6. Customer Responsibilities; Acceptable Use Policy
6.1 Customer is solely responsible for Customer Content, including its accuracy, quality, legality, and Customer’s right to submit it to the Service.
6.2 Customer represents and warrants that it has obtained all consents, permissions, and legal rights necessary to provide End Client Data to Company for processing through the Service, and that its collection and use of End Client Data complies with all Applicable Data Protection Law and other applicable laws.
6.3 Customer will not, and will not permit any Authorized User or third party to:
- use the Service for any unlawful, fraudulent, or unauthorized purpose;
- upload or transmit malicious code, or attempt to gain unauthorized access to the Service or any system or network connected to it;
- reverse engineer, decompile, or disassemble the Service, except to the extent such restriction is prohibited by applicable law;
- resell, sublicense, or provide the Service to any third party as a standalone service without Company’s prior written consent;
- use the Service to store or process data types requiring specialized regulatory compliance (e.g., cardholder data subject to PCI DSS, or protected health information subject to HIPAA), unless Company has expressly agreed in writing to support that use case;
- use the Service in any manner that could damage, disable, overburden, or impair the Service, or interfere with any other customer’s use of the Service; or
- submit or store any content that is unlawful, defamatory, or harassing, or that infringes the intellectual property or privacy rights of any third party;
- systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without Company’s prior written permission; or
- impersonate another user or person, or use another user’s account or credentials without permission.
6.4 Company may investigate suspected violations of this Section 6 and take any action described in Section 9.
6.5 Customer is solely responsible for reviewing any content that it or its Authorized Users upload, attach, or enter into the Service — including in ticket descriptions, notes, knowledge base articles, and file attachments — to ensure it does not include protected health information, cardholder data, or other specially regulated categories of data, unless Company has expressly agreed in writing to support that use case. See also Section 27 (Customer-Uploaded Content).
7. Ownership and Use of Data
7.1 No ownership by Company. As between Company and Customer, Customer owns all right, title, and interest in and to all Customer Content, including all Customer Data and all End Client Data. Company does not own, and does not claim any ownership interest in, Customer Content.
7.2 Role of Company. Company acts solely as a processor and service provider with respect to Customer Content. Company will access, use, and process Customer Content only: (a) to provide, maintain, secure, and support the Service; (b) to comply with Customer’s documented instructions given through use of the Service; (c) to comply with applicable law or valid legal process; or (d) as otherwise expressly authorized in writing by Customer.
7.3 No ownership of, or independent relationship with, End Clients. Company has no direct relationship with, and does not provide any service directly to, Customer’s own clients or customers whose data may be contained in End Client Data. Any obligations Company has with respect to End Client Data run solely to Customer, not to any individual or entity identified within End Client Data, except where mandatorily required by Applicable Data Protection Law.
7.4 License to Company. Customer grants Company a limited, non-exclusive, worldwide license to host, copy, transmit, display, and otherwise process Customer Content solely as necessary to provide the Service and as otherwise permitted under this Agreement.
7.5 Aggregated and de-identified data. Company may create and use aggregated or de-identified data derived from use of the Service, provided such data does not identify Customer or any individual and cannot reasonably be used to re-identify Customer, an Authorized User, or any person referenced in End Client Data.
7.6 Feedback. Customer may from time to time provide suggestions or feedback about the Service. Company may use such feedback without restriction or compensation to Customer.
7.7 AI-assisted features. Certain features of the Service (such as the in-app assistant or chatbot) use artificial intelligence or machine-learning technology solely to search, retrieve, and summarize information already contained within Customer’s own account data in the Service, in response to a request initiated by Customer or an Authorized User. Company does not use Customer Content to train any general-purpose or third-party AI model, and does not use AI-assisted features to independently make decisions that produce legal or similarly significant effects concerning Customer, any Authorized User, or any individual referenced in End Client Data. Output from AI-assisted features is provided for informational convenience only, may be inaccurate or incomplete, and does not replace Customer’s own review and judgment.
8. Data Security
8.1 Company will maintain administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of Customer Content, consistent with industry practice for a platform of this type.
8.2 No method of transmission or storage is completely secure. Company does not guarantee that unauthorized access, disclosure, alteration, or destruction of data will never occur, and Company’s obligations regarding security incidents are limited to those set out in this Agreement and applicable law.
8.3 If Company becomes aware of a confirmed security incident that results in unauthorized access to or disclosure of Customer Content, Company will notify Customer without undue delay and will provide information reasonably available to Company to assist Customer in meeting any of Customer’s own notification obligations under Applicable Data Protection Law.
8.4 Where a security incident described in Section 8.3 involves personal information of Florida residents, or residents of another U.S. state with its own breach notification law, Company will provide the notice described in Section 8.3 as soon as reasonably possible and in no event later than ten (10) days after Company confirms the incident, so that Customer has a reasonable opportunity to meet its own notification deadlines under applicable law (for example, the thirty (30)-day deadline, extendable by fifteen (15) days for good cause, under the Florida Information Protection Act).
8.5 Company performs routine backups of the Service’s underlying infrastructure for its own disaster-recovery purposes, but Customer remains solely responsible for maintaining its own copies of any Customer Content it needs to retain. Company has no liability for any loss or corruption of Customer Content except to the extent directly caused by Company’s breach of this Agreement.
9. Suspension and Termination for Cause; Right to Refuse Service
9.1 Sole discretion. Company may, in its sole and reasonable discretion, and with or without prior notice, refuse to provide the Service to any prospective Customer, or suspend or terminate the account of any existing Customer, including where Company believes in good faith that:
- Customer or any Authorized User has violated this Agreement, including the Acceptable Use Policy in Section 6;
- Customer’s account, or Customer’s use of the Service, is fraudulent, illegal, or facilitates illegal activity;
- Customer’s use of the Service poses a security risk to the Service, to Company, or to other customers of the Service;
- Customer, or the nature of Customer’s business or its clients, presents a risk of harm to Company’s business, reputation, or relationships with other customers, including where Company reasonably regards Customer or its activity as suspicious;
- Customer has failed to pay undisputed amounts when due; or
- Company is required to do so to comply with applicable law or the order of a court or governmental authority.
9.2 No liability for exercising this right. Company will have no liability to Customer, any Authorized User, or any third party for refusing service to, or suspending or terminating the account of, any Customer in accordance with this Section 9, except for the return of any prepaid, unused fees for the Service as required under Section 16.
9.3 Where reasonably practicable and not prohibited by law or by a legitimate security or legal concern, Company will provide Customer with notice and a reasonable opportunity to export Customer Content before final deletion, as further described in Section 16.
10. Fees and Payment
10.1 Customer will pay all fees specified in the applicable Order Form or plan selected in the Service, in the currency and on the schedule stated at checkout or in the Order Form.
10.2 Except as expressly stated otherwise, fees are non-refundable. Late payments may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, and Company may suspend the Service for non-payment after notice.
10.3 Fees are exclusive of all applicable taxes, and Customer is responsible for all such taxes other than taxes on Company’s net income.
10.4 Non-payment; suspension before deletion. If Customer fails to pay undisputed fees when due, Company may, after providing at least seven (7) days’ written notice, suspend Customer’s access to the Service until payment is received. A suspension for non-payment, on its own, will not result in deletion of Customer Content. If an account remains suspended for non-payment for more than sixty (60) consecutive days, Company may treat the subscription as terminated for non-payment, and Customer Content will then be handled under the export and deletion timeline in Section 16.3.
10.5 Free trial. Company may offer a free trial period (currently fourteen (14) days) to new Customers. No payment is required to begin a free trial, and the Service will not be billed until Customer selects a paid plan. Company may modify, shorten, extend, or discontinue the free trial offer at any time.
10.6 Subscription fee changes. Company may change the fees for a subscription plan from time to time. For an existing Customer, Company will provide at least thirty (30) days’ notice of a fee increase before it takes effect on that Customer’s next renewal, by posting the change within the Service or emailing the address on file for Customer’s account.
11. Intellectual Property
11.1 As between the parties, Company owns all right, title, and interest in and to the Service, including all software, design, "look and feel," trademarks, and documentation, excluding Customer Content.
11.2 Company grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the term of this Agreement, solely for Customer’s internal business purposes and in accordance with this Agreement.
11.3 No rights are granted to Customer other than as expressly set out in this Agreement. All rights not expressly granted are reserved by Company.
12. Confidentiality
12.1 Each party may receive non-public business, technical, or financial information of the other party that is designated confidential or that reasonably should be understood to be confidential ("Confidential Information"). Customer Content is Confidential Information of Customer.
12.2 Each party will use the other party’s Confidential Information solely to perform its obligations under this Agreement, and will protect it using at least the same degree of care it uses for its own confidential information of a similar nature, and no less than reasonable care.
12.3 This Section does not apply to information that is or becomes public through no fault of the receiving party, was already known to the receiving party without a confidentiality obligation, is independently developed, or is required to be disclosed by law, provided the disclosing party is given prompt notice where legally permitted.
13. Warranties and Disclaimers
13.1 EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
13.2 COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
13.3 Company is not responsible for the accuracy or completeness of any Customer Content, or for any decision Customer or a third party makes in reliance on data generated by or displayed within the Service.
14. Limitation of Liability
14.1 EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.2 LIABILITY CAP. EXCEPT FOR THE EXCLUDED CLAIMS IN SECTION 14.3, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY CUSTOMER TO COMPANY FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
14.3 Excluded claims. The limitations in Sections 14.1 and 14.2 will not apply to: (a) a party’s indemnification obligations under Section 15; (b) a party’s breach of Section 12 (Confidentiality); (c) either party’s gross negligence or willful misconduct; (d) infringement or misappropriation of the other party’s intellectual property rights; or (e) Customer’s payment obligations under Section 10.
15. Indemnification
15.1 By Customer. Customer will defend, indemnify, and hold harmless Company and its officers, directors, employees, and agents from and against any third-party claim, and all related liabilities, damages, and expenses (including reasonable attorneys’ fees), arising out of or relating to: (a) Customer Content, including any End Client Data; (b) Customer’s or any Authorized User’s use of the Service in violation of this Agreement or applicable law; (c) any dispute between Customer and any of Customer’s own clients or customers; or (d) Customer’s breach of any representation or warranty in this Agreement.
15.2 By Company. Company will defend, indemnify, and hold harmless Customer from and against any third-party claim that the Service, as provided by Company and used in accordance with this Agreement, infringes that third party’s United States intellectual property rights, and will pay resulting damages finally awarded, subject to Company’s right to instead modify the Service, procure a license, or terminate the affected Service and refund prepaid, unused fees.
15.3 The indemnified party must promptly notify the indemnifying party of the claim, give the indemnifying party control of the defense and settlement (subject to the indemnified party’s approval of any settlement that imposes liability or admits fault on it), and provide reasonable cooperation, in each case at the indemnifying party’s expense.
16. Term and Termination
16.1 This Agreement begins on the date Customer first accepts it and continues until terminated as provided herein or in the applicable Order Form.
16.2 Either party may terminate this Agreement for the other party’s uncured material breach following thirty (30) days’ written notice describing the breach, if the breach remains uncured at the end of that period.
16.3 Upon termination or expiration, Customer’s right to access the Service ends. Company will make Customer Content available for export for a period of thirty (30) days following termination, after which Company may delete Customer Content from its production systems, except as required to be retained by law or as contained in routine backups, which will be deleted in the ordinary course.
16.4 Sections 7, 10, 11, 12, 13, 14, 15, 17, 19, 20, and 26 survive termination of this Agreement.
17. International Users; Cross-Border Data Transfers
17.1 The Service is operated from the United States. If Customer or its Authorized Users access the Service from outside the United States, Customer is responsible for compliance with local law.
17.2 Where Customer’s use of the Service involves the transfer of personal data originating in the European Economic Area, the United Kingdom, or Switzerland to the United States, the parties will enter into a separate Data Processing Addendum incorporating the European Commission’s Standard Contractual Clauses or another legally recognized transfer mechanism, upon Customer’s request.
18. Force Majeure
18.1 Neither party is liable for any failure or delay in performance (other than payment obligations) resulting from causes beyond its reasonable control, including acts of God, natural disaster, war, terrorism, labor disputes, internet or utility failures, or governmental action.
19. Dispute Resolution; Arbitration Agreement; Class Action Waiver
19.1 Informal resolution first. Before filing any arbitration demand, the parties agree to attempt in good faith to resolve any dispute through informal negotiation for at least thirty (30) days after one party sends the other written notice of the dispute.
19.2 Agreement to arbitrate. Except as provided in Section 19.5, any dispute, claim, or controversy arising out of or relating to this Agreement or the Service, including its formation, interpretation, breach, or termination, will be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect, rather than in court.
19.3 Seat and procedure. The arbitration will be seated in Miami-Dade County, Florida, conducted in the English language, before a single arbitrator, and judgment on the award may be entered in any court of competent jurisdiction.
19.4 CLASS ACTION WAIVER. THE PARTIES MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
19.5 Exceptions. Either party may: (a) bring an individual action in small claims court for disputes within that court’s jurisdiction; or (b) seek temporary, preliminary, or permanent injunctive relief in a court of competent jurisdiction to protect its intellectual property or Confidential Information, pending the outcome of arbitration.
19.6 Allocation of arbitration fees will follow the AAA Commercial Arbitration Rules then in effect.
20. Governing Law; Venue
20.1 This Agreement is governed by the laws of the State of Florida, without regard to its conflict-of-laws principles, except to the extent the Federal Arbitration Act governs Section 19.
20.2 Subject to Section 19, the state and federal courts located in Miami-Dade County, Florida will have exclusive jurisdiction over any matter not subject to arbitration, and each party consents to personal jurisdiction and venue there.
21. Modifications to These Terms
21.1 Company may modify this Agreement from time to time. Company will provide notice of material changes by posting the updated Agreement within the Service or by emailing the address on file for Customer’s account at least fifteen (15) days before the change takes effect.
21.2 Customer’s continued use of the Service after the effective date of a change constitutes acceptance of the updated Agreement. If Customer does not agree to a material change, Customer’s sole remedy is to stop using the Service and terminate its account before the change takes effect.
22. Assignment
22.1 Customer may not assign or transfer this Agreement, in whole or in part, without Company’s prior written consent. Company may assign this Agreement without consent in connection with a merger, acquisition, corporate reorganization, or sale of substantially all its assets.
23. Relationship of the Parties
23.1 The parties are independent contractors. This Agreement does not create a partnership, joint venture, franchise, or agency relationship. Neither party has authority to bind the other.
24. No Third-Party Beneficiaries
24.1 This Agreement is for the sole benefit of Company and Customer. Nothing in this Agreement, express or implied, confers on any Customer’s client, customer, employee, or other third party (including any individual identified in End Client Data) any right, benefit, or remedy of any nature under or by reason of this Agreement. Any claim relating to End Client Data must be brought by Customer, not directly by the third party to whom the data relates, except where mandatorily required by Applicable Data Protection Law.
25. Notices
25.1 Notices to Company must be sent to support@ajpxolutions.com and to 18591 S Dixie Hwy, Cutler Bay, FL 33157. Notices to Customer will be sent to the email address associated with Customer’s account. Notice is deemed given the next business day after being sent by email, or upon confirmed delivery if sent by courier or certified mail.
26. Miscellaneous
26.1 Severability. If any provision of this Agreement is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force.
26.2 Entire agreement. This Agreement, together with any Order Form and any Data Processing Addendum, is the entire agreement between the parties regarding the Service and supersedes all prior agreements or communications on that subject.
26.3 No waiver. A party’s failure to enforce a provision is not a waiver of its right to do so later.
26.4 Headings. Section headings are for convenience only and do not affect interpretation.
26.5 Effective date. This Agreement is effective, with respect to each Customer, as of the date that Customer first accepts it as described in Section 2.
27. Customer-Uploaded Content; Copyright and Legal Compliance
27.1 Customer, and not Company, is solely responsible for all files, documents, images, and other content that Customer or its Authorized Users upload, attach, or store within the Service (“Uploaded Content”), including without limitation any ticket attachment, knowledge base article, or client record.
27.2 Customer represents and warrants that it owns, or has all necessary rights, licenses, and permissions to upload and store, all Uploaded Content, and that Uploaded Content, and Customer’s use of it, does not and will not infringe, misappropriate, or violate any copyright, trademark, trade secret, privacy, publicity, or other right of any third party, and complies with all applicable laws.
27.3 Company does not review, verify, or monitor Uploaded Content for legality, accuracy, or compliance with any law before it is stored or made available within the Service, and has no obligation to do so.
27.4 As between Company and Customer, Company bears no responsibility or liability for Uploaded Content or for Customer’s or any Authorized User’s compliance, or non-compliance, with copyright law or any other law in connection with Uploaded Content. This Section 27 is in addition to, and does not limit, Customer’s indemnification obligations under Section 15.1.
28. Copyright Complaints; DMCA Notice and Takedown
28.1 Company respects the intellectual property rights of others and expects Customer to do the same. Company will respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”).
28.2 A copyright owner or its authorized agent may submit a takedown notice to Company’s designated agent at AJPXolutions LLC, Attn: DMCA Agent, 18591 S Dixie Hwy, Cutler Bay, FL 33157, support@ajpxolutions.com, including the information required under 17 U.S.C. § 512(c)(3).
28.3 Upon receipt of a compliant notice, Company may remove or disable access to the identified Uploaded Content and will make reasonable efforts to notify the Customer who submitted it. Company may terminate the accounts of Customers determined, in Company’s reasonable judgment, to be repeat infringers.
29. Marketing and Transactional Communications Compliance
29.1 To the extent Customer uses the Service to send email, text messages, or other communications to its own clients or contacts (including invoices, quotes, appointment reminders, or ticket notifications), Customer is solely responsible for complying with all applicable laws governing such communications, including the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), and any other applicable anti-spam, telemarketing, or electronic communications law, including obtaining any required consent and honoring opt-out or unsubscribe requests.
29.2 Company is not responsible for the content of any communication Customer sends through the Service, or for Customer’s compliance with any law applicable to those communications.
30. California Privacy Rights; CCPA/CPRA Service Provider Designation
30.1 To the extent Company processes personal information of California residents on Customer’s behalf as a “service provider” or “contractor” under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (together, “CCPA”), Company will: (a) process such personal information only for the limited and specified business purpose of providing the Service under this Agreement and Customer’s documented instructions; (b) not sell or share such personal information; (c) not retain, use, or disclose such personal information for any purpose other than the business purposes specified in this Agreement, including any commercial purpose other than providing the Service; and (d) not combine such personal information with personal information Company receives from another source, except as permitted by the CCPA.
30.2 Company will provide a level of privacy protection for such personal information that is reasonably consistent with the requirements imposed on businesses by the CCPA.
30.3 California resident complaint notice. Under California Civil Code Section 1789.3, California resident users of the Service are entitled to the following consumer rights notice: if you have a question or complaint regarding the Service, you may contact Company at support@ajpxolutions.com. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
31. Export Control; Sanctions Compliance
31.1 Customer represents that it is not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. trade sanctions, and is not identified on any U.S. government list of restricted, prohibited, or sanctioned parties, including the U.S. Treasury Department’s Specially Designated Nationals list.
31.2 Customer will not access or use the Service in violation of any U.S. export control or sanctions law, and Company may deny or restrict access to the Service as necessary to comply with such laws, including under Section 9.
32. Accessibility
32.1 Company is committed to making the Service usable by people with disabilities and works toward conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA as a target standard. This Section is a statement of Company’s ongoing efforts and is not a warranty that the Service fully conforms to any accessibility standard at all times.
32.2 If Customer or an Authorized User encounters an accessibility barrier in the Service, Customer may report it to support@ajpxolutions.com, and Company will make reasonable efforts to address it.
32.4 Company completed an internal WCAG 2.1 Level AA code-level accessibility review of the Service in September 2026, identifying specific areas for remediation across the client-facing portal, authentication screens, and core application. Company is addressing these findings on an ongoing basis and maintains internal records of this review and subsequent fixes as part of its accessibility program.