Terms of Service

These Terms of Service (the "Terms") govern your access to and use of the websites, applications, and services offered by A Pro Marketing, Inc. ("A Pro Marketing," "apro," "we," "us," or "our"), including apromarketing.com, app.apromarketing.com, our Shopify plugin, our AI digital marketing agent ("Jade"), and any related products and services (collectively, the "Services").

By accessing or using the Services, creating an account, or installing our Shopify plugin, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

Questions? Email us at contact@apromarketing.com.

1. Eligibility and accounts

You must be at least 18 years old and capable of entering into a binding contract to use the Services. If you are using the Services on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms; "you" then refers to both you and that entity.

You are responsible for keeping your login credentials confidential and for all activity under your account. Notify us immediately at contact@apromarketing.com if you suspect unauthorized access. We may refuse, suspend, or terminate accounts at our discretion in accordance with these Terms.

2. The Services

A Pro Marketing provides AI-assisted digital marketing tools for solopreneurs and small and medium-sized businesses. Our Services may include website analysis, marketing strategy generation, content drafting and scheduling, social and advertising channel integrations, performance reporting, and a Shopify plugin.

We may add, modify, or remove features at any time. We will provide reasonable notice of material changes that adversely affect features you actively use.

3. Subscriptions, billing, and refunds

Some Services are offered on a paid subscription basis. By subscribing, you authorize us (or our payment processor) to charge the payment method on file for the applicable fees, taxes, and recurring renewals until you cancel.

• Renewals.Subscriptions automatically renew at the end of each billing period at the then-current rates unless you cancel before the renewal date.
• Cancellation.You can cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period; you retain access until then.
• Refunds.Except where required by law, fees are non-refundable. We may, at our discretion, issue refunds within 14 days of an initial charge.
• Price changes.We may change prices on prospective renewals with at least 30 days' notice to your account email.
• Taxes.Prices exclude taxes unless stated. You are responsible for any applicable sales, use, VAT, GST, or similar taxes.
• Free trials.If we offer a free trial, you must cancel before it ends to avoid being charged.

4. Acceptable use

You agree not to:

• Violate any law, regulation, third-party right, or these Terms.
• Use the Services to send spam, deceptive content, malware, or content that infringes copyright, trademark, or other rights.
• Generate content that is unlawful, defamatory, harassing, hateful, sexually exploitative of minors, or otherwise objectionable.
• Attempt to reverse engineer, decompile, scrape, probe, or interfere with the Services, except to the extent permitted by law.
• Bypass usage limits, rate limits, or access controls; share credentials; or use automation to abuse the Services.
• Resell, sublicense, or provide the Services to third parties except as expressly permitted (for example, our agency offerings).
• Use the Services in any way that violates the policies of providers we integrate with (Shopify, Google, Meta, OpenAI, Anthropic, Perplexity, etc.).

5. Your content and inputs

You retain ownership of the content, business information, brand assets, prompts, instructions, and other materials you submit to the Services ("Customer Content").

You grant A Pro Marketing a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, modify (for formatting), and process Customer Content solely to operate, secure, and improve the Services for you, including by routing it to AI providers and connected platforms you authorize. We do not use Customer Content to train foundation models offered to other customers. Per-customer retrieval and personalization (e.g., for Jade) are scoped to your account.

You represent and warrant that you have all necessary rights to submit Customer Content and to permit us to process it as described, and that Customer Content does not infringe or violate any third-party rights or applicable law.

6. Connected accounts and integrations

The Services let you connect third-party platforms, including social, advertising, e-commerce, and analytics services. By connecting an account, you authorize us to access and act on it within the scopes you approve, including publishing content, retrieving metrics, and managing campaigns.

You are responsible for complying with each connected platform's terms. We may suspend integrations that are unavailable, deprecated, or that we believe pose risk. You can revoke our access at any time from the relevant platform or your account settings.

Google services (Analytics and Search Console)

When you connect Google Analytics or Google Search Console, you grant us read-only access using the scopes analytics.readonly, webmasters.readonly, and userinfo.email. We store an encrypted refresh token (AES-256-GCM at rest) for ongoing access and use it solely to fetch the metrics and reports we display in the Services. We do not use this data for advertising and do not transfer it to third parties except as needed to deliver the Services to you, as required by law, or as part of a business transfer. Our use of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements. You may revoke access at any time from your account settings or at myaccount.google.com/permissions.

Shopify plugin

If you install our Shopify plugin, you grant us the permissions Shopify requests at install time and agree that your use of the plugin is also governed by Shopify's API and partner terms.

7. AI-generated output

The Services use artificial intelligence to generate text, images, plans, and other outputs (collectively, "AI Output"). AI Output may be inaccurate, incomplete, biased, or unsuitable for your purposes. You are responsible for reviewing AI Output before publishing or relying on it. Do not use AI Output for legal, medical, financial, or other professional advice without independent verification.

Subject to your compliance with these Terms and applicable third-party AI provider terms, you may use AI Output that we deliver to you for your business purposes. AI Output is generated probabilistically; we do not guarantee uniqueness, and similar outputs may be produced for other users. You are responsible for clearing rights in any third-party material referenced in your inputs (logos, photos, copyrighted text, etc.).

8. Our intellectual property

The Services, including the underlying software, models we build, designs, branding, and "Jade" name and likeness, are owned by A Pro Marketing or our licensors and protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your internal business purposes during your subscription. We reserve all rights not expressly granted.

Feedback you send us is non-confidential and may be used by us without obligation to you.

9. Privacy

Our Privacy Policy describes how we collect and use personal information. By using the Services, you acknowledge that policy.

10. Confidentiality

Each party will protect the other party's non-public information disclosed under these Terms with reasonable care and use it only to perform under these Terms. Confidential information does not include information that is public, independently developed, or rightfully received from a third party without confidentiality obligations.

11. Suspension and termination

We may suspend or terminate your access to the Services if you breach these Terms, if your use poses a security or legal risk, or if you fail to pay fees when due. We will use reasonable efforts to notify you. Upon termination, your right to use the Services ends; provisions that by their nature should survive termination (including IP, disclaimers, limitations of liability, and dispute resolution) will survive.

You can close your account at any time. We may delete your data after termination consistent with our Privacy Policy and applicable law.

12. Disclaimers

THE SERVICES, INCLUDING ALL AI OUTPUT, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT AI OUTPUT WILL BE ACCURATE OR FIT FOR YOUR PURPOSES.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, A PRO MARKETING WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, AND (B) USD $100.

14. Indemnification

You will defend, indemnify, and hold harmless A Pro Marketing and its officers, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Services in breach of these Terms, (b) Customer Content, (c) your violation of applicable law, or (d) your infringement of any third-party right.

15. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law rules. The federal and state courts located in Delaware will have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to personal jurisdiction in those courts.

Informal resolution

Before filing any claim, you agree to contact us at contact@apromarketing.com and attempt to resolve the dispute informally for at least 60 days.

Arbitration; class action waiver

Any dispute that cannot be resolved informally will be settled by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, in English, in the State of Delaware. You and A Pro Marketing each waive any right to a jury trial and to participate in a class, collective, or representative action. This arbitration provision does not apply where prohibited by applicable law.

16. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date above and, where appropriate, notify you by email or through the Services. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

17. Miscellaneous

• Entire agreement.These Terms, the Privacy Policy, and any order forms or addenda constitute the entire agreement between you and A Pro Marketing regarding the Services.
• Severability.If any provision is held unenforceable, the remaining provisions remain in effect.
• No waiver.Our failure to enforce a right is not a waiver of that right.
• Assignment.You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force majeure.Neither party is liable for delays or failures caused by circumstances beyond its reasonable control.
• Notices.We may give notice through the Services or to your account email. You may give notice to contact@apromarketing.com.

18. Contact

A Pro Marketing, Inc.
Email: contact@apromarketing.com