1. Parties, scope, and acceptance
This agreement is between AperVue Technologies Corporation, a Florida, United States company (“AperVue”), and the customer identified in an applicable signed order or statement of work (“Customer”). A person signing for an organization must have authority to bind it.
The signed order identifies the services, deliverables, fees, term, and any product-specific conditions. These terms govern only when that order expressly incorporates this agreement. In a conflict, a signed data-processing addendum governs its subject matter, followed by specifically negotiated order terms, followed by this agreement.
2. Privacy and customer data
Our Privacy Policy describes the public website’s information practices. Customer environments require agreement on data roles, permitted processing, access, retention, security responsibilities, and any necessary data-processing addendum.
Customer is responsible for having authority to provide its data and direct its use. AperVue will use customer data to perform the agreed services and will not treat it as public demonstration material without permission. Sensitive, regulated, or student data must not be supplied until the parties have agreed the relevant handling requirements.
3. Your content and confidentiality
Customer retains its rights in data, documents, branding, and other materials it supplies. Customer grants AperVue the limited permission needed to host, access, process, copy, and adapt those materials to perform the agreed work.
Each party will protect the other’s nonpublic business and technical information using reasonable care, restrict access to people who need it for the engagement, and use it only for the engagement. This restriction does not cover information independently developed, already lawfully known, received lawfully from another source, or made public without a breach. Legally compelled disclosure will be limited to what is required, with notice when permitted.
4. Accounts, access, and responsibilities
Customer controls the users it authorizes, their roles, the accuracy of its instructions, and access to customer-owned systems. Both parties will use appropriate account protections and promptly report suspected unauthorized access affecting the work.
Administrator access, credentials, tenant permissions, and production changes must be provided and approved through an agreed process. Customer will supply timely decisions, suitable source information, and an authorized point of contact. Delays or changes in those dependencies may affect the schedule and scope.
5. Acceptable use
Users must not use AperVue services to violate law or third-party rights, distribute malware, send unlawful unsolicited communications, obtain unauthorized access, interfere with service availability, or disclose another person’s confidential information without authority.
Customer must not bypass license limits, access controls, or usage restrictions. Testing that could affect security or availability must be coordinated in advance. AperVue may take proportionate steps to contain an active security threat while communicating with the responsible customer contact.
6. Professional services and project delivery
Web design, software development, AI development, cloud work, integration, Microsoft Exchange, and Microsoft SharePoint services are performed to an agreed statement of work. That statement should define the deliverables, assumptions, dependencies, responsibilities, milestones, acceptance process, and support handoff.
Requests outside the agreed scope require a written change identifying effects on price, timing, and responsibilities. Work is reviewed against the agreed acceptance criteria. A product illustration or marketing description does not replace those criteria.
7. OS foundations and standalone platforms
The OS Foundation family comprises Evolve OS for business operations, Insights for telecom, Vision for home and services, Academy for K-12 education, Campus for higher education, Civic for government, Engage for retail, and Nexus for real estate. Standalone 360 platforms provide focused workspaces for specific teams.
The order identifies the selected model, modules, authorized users, environments, integrations, deployment arrangement, and license term. Features shown in illustrative graphics are examples. Included capabilities and any development work must be described in the order.
8. Third-party products and Microsoft services
External platforms, cloud services, Microsoft tenants, APIs, and other vendor products have their own terms, licenses, availability, and usage charges. The order identifies who obtains and manages those subscriptions. An AperVue service engagement does not itself grant a Microsoft or other third-party license.
Supported configurations, migration methods, integrations, and access depend on the relevant product and account. Vendor changes may require a revised approach. AperVue does not represent a third-party partnership or certification unless expressly documented.
9. AI and specialized capabilities
AI outputs can be incomplete or incorrect. The project must define approved data, evaluation criteria, human review, permitted actions, and escalation. Customer is responsible for reviewing outputs before relying on them for decisions or communicating them as verified facts.
Provider-specific processing, retention, usage limits, and model availability must be considered before an AI integration is enabled. The parties will not assume that access to a model permits the use of every data category or an autonomous action in a customer environment.
10. Support and service availability
Support channels, coverage hours, response targets, maintenance windows, backup responsibilities, and recovery objectives are defined in the signed order or service-level agreement. No uptime or response-time guarantee is created solely by this website.
AperVue will communicate planned changes and material incidents according to the agreed support process. Availability can also depend on customer networks, third-party services, and customer-controlled configurations. A project should identify who monitors and maintains each component after handoff.
11. Software and intellectual property
Each party retains its pre-existing technology and materials. Third-party and open-source components remain subject to their own licenses. Customer-specific deliverable ownership, source-code delivery, and permitted reuse are defined in the signed order.
Unless the order expressly transfers ownership, AperVue’s pre-existing software, tools, methods, and reusable components are licensed only to the extent stated in that order. Payment for services does not by itself transfer all underlying intellectual-property rights. The Copyright & Patent Information page provides related website notices.
12. Fees, billing, and term
Fees, billing frequency, expenses, taxes, payment dates, subscription renewals, cancellation rights, and any refund terms must be specified in the signed order. No paid subscription or automatic renewal begins from submitting the public inquiry form.
Customer should raise a billing question promptly so the parties can review it. Any suspension for overdue payment must follow the notice and cure process in the applicable order. The engagement lasts for the term stated there, subject to the agreed termination rights.
13. Suspension, termination, and transition
The signed order defines notice periods, rights to terminate for breach, any opportunity to cure, and any termination for convenience. A material security threat or unlawful use may require a proportionate temporary restriction while the issue is addressed.
At the end of an engagement, the parties will follow the agreed handoff, access-removal, data-export, retention, and deletion arrangements. Customer should arrange exports and transition work before access ends. Outstanding payment obligations and provisions intended to continue, such as confidentiality and ownership, remain applicable.
14. Assurances and allocation of risk
AperVue will perform professional services with reasonable skill and care consistent with the agreed scope. Each party is responsible for the commitments it makes in the signed agreement. Third-party services and evaluation materials are subject to their stated conditions.
Acceptance remedies, warranties, liability caps, exclusions, indemnities, and insurance obligations must be stated in the signed order or negotiated agreement. This review edition does not insert an unspecified liability cap. Nothing here excludes a right or responsibility that applicable law does not allow the parties to exclude.
15. Florida law and disputes
Unless a signed order expressly provides otherwise, Florida law, United States, governs this agreement, excluding rules that would select another jurisdiction’s law. Applicable mandatory law remains unaffected.
The parties will first attempt to resolve a dispute through their authorized contacts. If it is not resolved, the dispute may be brought in a state or federal court with competent jurisdiction in Florida, subject to any mandatory jurisdictional rules. This review edition does not impose binding arbitration or a class-action waiver.
16. Changes and notices
Changes to a signed engagement require the process specified in that agreement. Updating a page on this website does not silently amend an existing signed order. A revised version can be incorporated into a new order or adopted through a mutually agreed amendment.
Formal notice methods and addresses should be identified in the signed order. For questions about this review edition, contact AperVue Technologies Corporation, Florida, United States, at legal@itsbenchmark.com or use the website legal inquiry form.