Effective Date: July 1, 2024

Welcome to Apple Bird Pro, a CRM portal developed by Apple Bird ("Company", "we", "us", or "our"). These Terms and Conditions ("Terms") govern your access to and use of Apple Bird Pro ("Portal"), including any content, functionality, and services offered on or through the Portal. By accessing or using the Portal, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Portal.

1. Account Registration

1.1 Eligibility: You must be at least 18 years old to use the Portal. By using the Portal, you represent and warrant that you are at least 18 years old.

1.2 Account Information: To access certain features of the Portal, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

1.3 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

2. Use of the Portal

2.1 Authorized Use: You agree to use the Portal only for lawful purposes and in accordance with these Terms. You must not use the Portal to:

• Violate any applicable law or regulation;
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• Transmit any viruses, malware, or other harmful computer code;
• Interfere with or disrupt the operation of the Portal or the servers or networks connected to the Portal.

2.2 Prohibited Conduct: You agree not to:

• Access, tamper with, or use non-public areas of the Portal, our computer systems, or the technical delivery systems of our providers;
• Attempt to probe, scan, or test the vulnerability of any system or network;
• Bypass any security or authentication measures.

3. Company Details and Data Storage

3.1 Company Information: We store and process the company details you provide through the Portal. You agree to provide accurate and complete information and to update it as necessary.

3.2 Data Protection: We will handle your data in accordance with our Privacy Policy. By using the Portal, you consent to our collection, use, and disclosure of your data as described in the Privacy Policy.

4. Vendor Portal

4.1 Vendor Access: The Vendor Portal allows vendors to view and approve purchase requests. Vendors must register for an account to access the Vendor Portal.

4.2 Vendor Responsibilities: Vendors agree to review and respond to purchase requests in a timely manner. Vendors are responsible for maintaining the confidentiality of their login credentials and for any activities that occur under their accounts.

5. Payment Terms

5.1 Payment Structure: Payments for services rendered through the Portal will be based on the agreed-upon pricing structure outlined in the Service Agreement between the Company and the Client. The payment structure may include fixed fees, hourly rates, or milestone payments.

5.2 Invoicing: The Company will issue invoices to the Client based on the payment schedule specified in the Service Agreement. All invoices are due and payable within thirty (30) days of receipt unless otherwise specified.

5.3 Late Payments: In the event of late payment, the Client will be charged a late fee of 1.5% of the outstanding amount per month, or the maximum amount permitted by law, whichever is less.

5.4 Payment Methods: Payments can be made via bank transfer or credit card. All payment details must be provided through the secure payment processing system integrated within the Portal.

5.5 Disputed Charges: If the Client believes there is an error in an invoice, the Client must notify the Company within sixty (60) days of receipt of the invoice. Failure to notify within this timeframe will result in the waiver of the right to dispute the charge.

6. Intellectual Property

6.1 Ownership: The Portal and its contents, including all text, graphics, logos, images, and software, are owned by Apple Bird or its licensors and are protected by copyright and other intellectual property laws.

6.2 License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Portal for your internal business purposes.

7. Disclaimer of Warranties

The Portal is provided "as is" and "as available" without any warranties of any kind, whether express or implied. We do not warrant that the Portal will be uninterrupted, error-free, or free of viruses or other harmful components.

8. Limitation of Liability

To the fullest extent permitted by law, Apple Bird shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Portal; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; or (c) any other matter relating to the Portal.

9. Indemnification

You agree to indemnify, defend, and hold harmless Apple Bird, its affiliates, officers, directors, employees, agents, and licensors from any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Portal, your violation of these Terms, or your violation of any rights of another party.

10. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the new Terms on the Portal and updating the effective date at the top of these Terms. Your continued use of the Portal following the posting of changes constitutes your acceptance of such changes.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of California, without regard to its conflict of law principles.

12. Contact Information

If you have any questions or concerns regarding these Terms, please contact us at: support@applebird.dev