Terms of Service

Introduction

Welcome to AchieveApex! These Terms of Service form a binding agreement between you and AchieveApex (BRAND) EME AGENCIA DIGITAL S.A.S (COMPANY), (including its subsidiaries and affiliates, collectively referred to as "AchieveApex", "we", "our", or "us"). By using our products, services, information, content, tools, mobile application (the "App"), and website (the "Site"), you agree to comply with these terms.

BY CLICKING "I AGREE", REGISTERING FOR AN ACCOUNT, DOWNLOADING THE APP OR ANY UPDATES, USING THE APP ON YOUR DEVICE, VISITING THE SITE, ACCESSING OR USING THE SERVICES, OR PARTICIPATING IN ANY ELECTRONIC CONVERSATION FACILITATED BY THE SERVICES, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE SERVICES. These terms apply to all users, including browsers, vendors, customers, merchants, consumers, content contributors, Business Owners, and Agencies. These Terms of Service are effective from the moment you first click "I agree" or use the Services. If you are accepting these terms on behalf of your employer or another entity, you confirm that you have the authority to bind them to these Terms of Service. In such cases, "you" and "your" will refer to your employer or the entity you represent.

Data Protection

The personal data you provide to us or that we gather about you is managed in accordance with our Privacy Policy ("Privacy Policy"), available at www.achieveapex.com/privacy-policy. By utilizing our Services, you confirm that you have read and understood the Privacy Policy. This document is an integral part of these Terms of Service and collectively constitutes this "Agreement."

Dispute Resolution

IMPORTANT: THIS AGREEMENT OUTLINES THE METHODS FOR RESOLVING DISPUTES BETWEEN YOU AND AchieveApex. IT INCLUDES A MANDATORY ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION RIGHTS (SEE SECTION 19). PLEASE REVIEW THIS SECTION CAREFULLY AS IT IMPACTS YOUR LEGAL RIGHTS, INCLUDING YOUR OPTION TO OPT OUT OF ARBITRATION IF APPLICABLE.

1. Our Services

Our platform empowers both businesses and individuals to design and implement automated chat workflows, which can be utilized across various messaging services, social media channels, and other third-party platforms.

When you purchase or utilize our Services, you are engaging with AchieveApex, and such transactions are governed by this Agreement. In cases where a separate agreement or order form has been established with us for the purchase or use of our Services, that specific agreement or order form will take precedence in the event of any discrepancies with this Agreement.

2. Account, Password, Security, and Phone Use

To access and use the Services, you must register with AchieveApex and create an account (an "Account"). During registration, you will be asked to provide certain information, such as your name, phone number, and email address, which may be linked to services like Instagram, Facebook, WhatsApp, or Telegram. By using the Services, you agree to provide accurate, current, and complete information during the registration process and to keep your Account information updated. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. If you suspect any unauthorized use of your Account, you must notify AchieveApex immediately.

The individual who registers for the Services will be the primary account holder ("Account Representative") and will have the authority to use the Account. If you are registering on behalf of your employer, your employer will be the Account Representative. As the Account Representative, you are responsible for complying with these Terms of Service. Your Account is non-transferable. If you are an Agency using our Services on behalf of a Business Owner, please refer to Section 3 below.

By providing your phone number and email address, you consent to AchieveApex using them to contact you for purposes related to the Services, including performance improvements, service updates, and reminders. These communications may include calls, texts, and emails, and may involve push notifications. AchieveApex will not charge you for these communications, but standard message and data rates from your carrier may apply. You can opt-out of receiving these communications by updating your Account settings or contacting AchieveApex support.

3. Agencies and Business Owners

A "Business Owner" refers to any individual or entity utilizing AchieveApex's Services to promote, support, develop, or commercialize their business, services, or products. An "Agency" is a service provider engaged by a Business Owner to create and/or manage an AchieveApex account and use the Services on behalf of the Business Owner. It is not mandatory for a Business Owner to employ an Agency to use the Services.

Despite the provisions in Section 2, if you are an Agency using our Services to assist a Business Owner, you must (i) accurately designate the Business Owner as an administrator on the Account and, if applicable, on relevant platforms such as Facebook, Instagram, WhatsApp, Telegram, and others, and (ii) confirm that you are authorized to use the Services and the Account on behalf of the Business Owner.

The Business Owner will be the sole and exclusive account representative for any Account created by an Agency on their behalf. However, the Agency will retain its rights and interests in all designs, templates, flows, sequences, or other intellectual property related to the chatbot automation work product created for the Business Owner (referred to as "Agency Content").

If the relationship between a Business Owner and their Agency ends, the Business Owner must promptly inform AchieveApex of the termination.

After an Account is transferred from an Agency to the Business Owner, the Business Owner will be solely responsible for any subscription plans and/or fees associated with the Account.

4. User Generated Content

"User Generated Content" refers to any content, information, or materials, whether textual, audio, or visual, that you or any Conversation Participant provide, submit, upload, publish, or otherwise make available through the Services. You are solely responsible for your own and your Conversation Participants' User Generated Content, and we act merely as a passive conduit for your online distribution and publication of such content. You acknowledge and agree that AchieveApex:

Does not participate in the creation or development of User Generated Content.
Disclaims any responsibility for User Generated Content.
Cannot be held liable for claims arising from or related to User Generated Content.
Is not obligated to monitor, review, or remove User Generated Content, but reserves the right to limit or remove such content at its sole discretion.

You hereby represent and warrant to AchieveApex that your User Generated Content (i) will not be false, inaccurate, incomplete, or misleading; (ii) will not infringe on any third party's copyright, patent, trademark, trade secret, or other proprietary right or rights of publicity, personality, or privacy; (iii) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, anti-spam, or privacy); (iv) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (v) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (vi) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (vii) will not misrepresent your affiliation with AchieveApex or purport that you are authorized to act as a representative or agent of AchieveApex; and (viii) will not create liability for AchieveApex or cause AchieveApex to lose (in whole or in part) the services of its ISPs or other suppliers.

By making available any User Generated Content through the Services, you hereby grant AchieveApex permission to use, process, or disclose such content on, through, or by means of the Services, for the purposes of providing the Services to you, modifying, improving, and operating the Services, and/or as otherwise permitted by this Agreement. We do not claim any ownership rights in any such User Generated Content, and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any such content.

5. Communication by Text Message or Email

If you wish to communicate with your users via text message or email, you must adhere to the following Compliance and Indemnity Terms ("CIT"). You are required to use our Services in full compliance with all relevant laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA) in the United States, the Personal Information Protection and Electronic Documents Act (PIPEDA) in Canada, and Canada's Anti-Spam Law (CASL). By using our Services, you warrant that you will comply with these laws.

You agree that you have read and understand the Electronic Messaging Laws and any similar state or provincial/territorial laws, as well as all other applicable laws and regulations. You acknowledge that some state and local restrictions may be more stringent than federal rules. It is your responsibility to review these rules with your legal counsel to ensure compliance. AchieveApex will not be liable for ensuring your activities meet legal requirements or for any violations of law, rule, or regulation. However, AchieveApex is committed to supporting the compliance of its customers by having you agree to these Terms of Service.

You understand that it is generally a violation of federal law, including the TCPA, to contact a consumer by phone, text, or email without prior express written consent. AchieveApex is not responsible for ensuring that you do not transmit messages to consumers in violation of consent rules.

You acknowledge that it is generally a violation of Canadian federal law, including CASL, to contact a consumer by text message, phone, electronic messaging, or email without prior express written consent. You will not contact any individual through the Services unless you have obtained consent in accordance with applicable law. You will provide proof of such consents, the messages you have sent, and your implementation of unsubscribe requests upon our request. Your messages must include all content required under applicable laws, such as your name, mailing address, email, telephone or web address, and the ability to unsubscribe. You will not send messages to any individual who has opted out or withdrawn their consent. You are solely responsible for the content of your messages and their compliance with all applicable laws. AchieveApex acts solely as a service provider to facilitate the sending of your messages, but you control the message content and destination and must ensure compliance with all applicable laws.

AchieveApex is not responsible for ensuring that you do not transmit messages to consumers in violation of consent rules.

You agree to indemnify, defend, and hold harmless AchieveApex, along with its owners, members, directors, officers, agents, employees, contractors, consultants, and vendors from and against any and all claims, suits, fines, costs, expenses, judgments, and fees, including reasonable attorney's fees, court costs, and expenses, arising out of a claim alleging any violation by you of the law, or alleging facts that would constitute a breach of your warranties or obligations contained in these Terms of Service, including this CIT. You will promptly indemnify, defend, or settle any such third-party claim, demand, lawsuit, investigation, or proceeding brought against AchieveApex. AchieveApex will:

notify you promptly about any such claim;
offer reasonable information, support, and cooperation to help you defend the lawsuit or proceeding; and
allow you to take charge of the defense and settlement of the claim, with AchieveApex's approval for any settlement, which will not be unreasonably withheld.

6. Communication with AchieveApex and its Clients

By providing your contact information to AchieveApex and its clients, you confirm that the details, including your email address and phone number, are accurate and belong to you. You affirm that you are the rightful owner or authorized user of the provided contact information. By sharing your phone numbers and email addresses with AchieveApex and its clients, you consent to receive communications from us, including emails, text messages, pre-recorded voice messages, and autodialed calls. These communications may pertain to this agreement, transactions with AchieveApex and its clients, account-related matters, and promotional content. You agree to receive these communications even if your contact information is listed on any state, provincial, territorial, or federal Do Not Call registry. Please note that you may incur charges from your telephone carrier for these communications, and AchieveApex and its clients are not liable for these charges.

7. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services:

for any illegal activities;
to engage in or promote any unlawful behavior or solicit others to participate in illegal acts;
to breach any international, federal, provincial, state, or local laws, regulations, or ordinances;
to use the Services in any manner that infringes upon or violates the rights, including intellectual property rights, of AchieveApex or any third party;
to harass, abuse, insult, harm, defame, slander, stalk, threaten, disparage, intimidate, discriminate, or otherwise violate the legal rights (such as privacy or publicity) of any other users, visitors, or staff members of AchieveApex;
to provide false or misleading information;
to upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Services or any related website, other websites, or the Internet;
for any obscene or immoral purposes;
to interfere with or bypass the security features of the Services or any related website, other websites, or the Internet;
to disrupt or threaten the performance, security, or proper functioning of the Services;
to attempt to compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;
to attempt to access unauthorized accounts or to collect or track the personal information of others;
to misuse any trial offerings related to the Services;
to misuse any rebate offerings related to the Services;
in any way that violates the policies of Facebook, Instagram, WhatsApp, Telegram, or any other platform with which AchieveApex collaborates;
to copy, distribute, or disclose any part of the Services in any medium other than as allowed by the Services and these Terms of Service;
to use any automated system (other than any functionalities of the Services), including without limitation "robots," "spiders," "offline readers," etc., to access the Services;
to transmit spam, chain letters, or other unsolicited email or attempt to phish, pharm, pretext, spider, crawl, or scrape;
to impersonate another person or misrepresent your affiliation with a person or entity, conduct fraud, hide, or attempt to hide your identity;
to attempt to decipher, decompile, disassemble, or reverse engineer any of the software or algorithms used to provide the Services; or
to encourage or enable any other individual to do any of the foregoing.

We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services:

access, tamper with, or use non-public areas of the Services or AchieveApex's computer systems;
probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by AchieveApex and third-party integrations authorized by us (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with AchieveApex (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file and is limited to publicly-accessible parts of the Services only, but scraping the Services without the prior consent of AchieveApex is expressly prohibited);
forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or
interfere with, or disrupt (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services.

We reserve the right to restrict access to our platform for users whose actions negatively impact the experience of other users, employees, affiliates, or partners of AchieveApex, as well as those of any other platform, including but not limited to Facebook, Instagram, WhatsApp, and Telegram.

Additionally, we may review, remove, and, if required by any federal, state, or local law, regulation, subpoena, or legal process, disclose any information we deem necessary to:

comply with applicable laws, regulations, legal processes, or governmental requests,
enforce our Terms of Service, including investigating potential violations,
identify, prevent, or address fraud, security, or technical issues,
respond to user support inquiries, or
protect the rights, property, or safety of AchieveApex, its users, and the public. AchieveApex only discloses personally identifiable information to third parties in accordance with our Privacy Policy.

8. Representations and Warranties; Compliance with Laws

By using our services, you affirm that: (i) you are at least 18 years old or have reached the legal age of majority in your jurisdiction, and are fully capable of entering into binding agreements, and (ii) you possess the legal authority to enter into this Agreement and comply with its terms. If you are acting on behalf of a company or organization, you confirm that you have the authority to bind that entity to this Agreement.

Additionally, you confirm that (i) you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, (ii) you will conduct yourself professionally and responsibly when interacting with other users, and (iii) you will comply with all applicable local, state, and federal laws while using our services.

It is your responsibility to determine if our services meet your regulatory requirements, such as EU Data Privacy Laws or other relevant laws. If you are subject to specific regulations (e.g., HIPAA) and choose to use our services, we are not liable if our services do not comply with those regulations. You must not use our services for any illegal or discriminatory activities, including those prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other applicable laws. You are also responsible for informing end-users about data collection practices as required by law.

You guarantee that you will obtain end-user consent for text messaging in full compliance with all applicable laws, including the Telephone Consumer Protection Act, 47 U.S.C. 227, and its implementing regulations, 47 C.F.R. 64.1200. You also guarantee that you will not use our services to contact consumers who have requested not to be contacted.

If you are located in the European Economic Area ("EEA") or serve end-users in the EEA, you confirm that in using our services, you:

Will obtain consent or use any other legally valid mechanism to (i) transfer data to AchieveApex and (ii) allow such data to be processed;
Will comply with your posted privacy policy;
Have collected, stored, used, and transferred all data in compliance with applicable data protection laws and regulations, and have the necessary permissions to allow AchieveApex to process such data on your behalf;
Acknowledge that AchieveApex acts as the processor of such customer data while you remain the controller of such data for all applicable data protection or privacy laws and regulations;
Agree not to use our services to collect, manage, or process sensitive customer information, for which AchieveApex will bear no responsibility or liability;
Have reviewed and accepted the AchieveApex Data Processing Addendum, which outlines how we process personal information received in connection with our services; and
Agree to indemnify and hold AchieveApex and its officers and directors harmless from any claims, demands, and losses, including attorney's fees, arising from your breach of any part of the representations and warranties in this Section 8.

You also confirm that, unless fully and promptly disclosed to AchieveApex, you do not have any motivation, status, or interest that AchieveApex may reasonably wish to know about in connection with our services, including any journalistic, investigative, or unlawful purposes. You agree to promptly disclose any such motivation, status, or interest to AchieveApex in writing, whether it existed prior to registration or arises during your use of our services.

9. Mobile App Updates and Upgrades

By installing our app, you consent to the installation of the app and any updates or upgrades released through our services. The app (including any updates or upgrades) may (i) cause your device to automatically communicate with AchieveApex's servers to deliver app functionality and record usage metrics, (ii) affect app-related preferences or data stored on your device, and (iii) collect personal information as outlined in our Privacy Policy. You can uninstall the app at any time.

10. Billing and Payment

Unless we have a separate agreement with you for direct invoicing, all payments and expenses must be processed through the third-party payment system (the "PSP") indicated on our services. You may need to register with the PSP, agree to its terms of service, provide payment details, and complete a vetting process to set up an account with the PSP (the "PSP Services Agreement"). By accepting these Terms of Service, you confirm that you have reviewed and agreed to the PSP Services Agreement. Please note that AchieveApex is not a party to the PSP Services Agreement and has no obligations, responsibility, or liability under it.

All prices and fees displayed on our services are exclusive of applicable taxes, fees, or charges. Any applicable taxes are based on the rates applicable to the billing address you provide and will be calculated at the time of the transaction. Unless otherwise indicated, all prices, fees, and charges are in U.S. dollars, and all payments must be made in U.S. currency.

Our charges for subscription plans (monthly, annual, or other periods) and fees for additional services are posted on our site and may change from time to time. If you have signed up for a subscription plan, payment is due for the full period, even if only part of the period is included in the term. Payments for monthly plans are due on the same or closest date to the day you made your first payment, and payments for yearly plans are due on the same or closest date to the day you made your first yearly payment. Fees for certain services may vary by country, and some customers may have access to different billing and payment features based on when they created their account.

If you have signed up for a subscription plan or opted for auto-refill, you will provide valid credit card information and authorize us to charge the monthly, yearly, or other automatic charges to that credit card. You must replace any expired credit card information with valid information. Anyone using a credit card represents that they are authorized to use it and that all charges may be billed to it without rejection. If we cannot process your credit card order, we will contact you by email and suspend your account until payment is processed.

We will provide a refund for all or part of a prepaid month or year if we stop providing our services to you for reasons not outlined in these Terms, as determined by AchieveApex in its sole discretion. We may offer refunds to customers who apply based on the requirements posted on our site. You are not entitled to a refund under any other circumstances.

We may change our fees at any time by posting a new pricing structure on our site and/or notifying you by email.

From time to time, we may offer trials of paid services for a specified period without payment or at a reduced rate (a "Trial"). We reserve the right to determine eligibility for any Trial, which may vary based on factors such as the services selected and how recently you redeemed a Trial. Certain limitations may also exist regarding combining Trials with other offers.