Apresly Terms of Service

These Terms of Service (“Terms”) are entered into between Apresly Sp. z o.o. with its registered office in Mielec (ul. Żeromskiego 19/308, 39-300 Mielec, KRS 0001151612, NIP 8172219243) (“Apresly”) and the entity or person using Apresly services (“Customer” or “You”).

The purpose of these Terms is to establish the basic conditions for using the services provided by Apresly through the website and platform. Apresly provides Customers with SaaS technological solutions for data management, analysis, and business process automation (“Service”).

BY ACCEPTING THESE TERMS OR USING APRESLY SERVICES, YOU AGREE TO ALL OF ITS PROVISIONS. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SERVICES.

1. Acceptance of Terms

1.1. To use the Service, you must: a) be at least 16 years old, b) provide accurate contact and billing information, c) accept these Terms and the Data Processing Agreement (DPA), which form an integral part of these Terms.

1.2. By registering or using the platform, you represent that you meet the above conditions and will not use the Service in a manner contrary to law.

2. General Rules

2.1. Customer undertakes that when using the Services, they will: 2.1.1. comply with all applicable laws; 2.1.2. not use offensive or abusive communication; 2.1.3. not impersonate other persons or entities or mislead about their identity; 2.1.4. if acting on behalf of a company, possess appropriate authorization;

2.2. In case of violation of the above rules, Apresly may suspend or terminate the provision of the Service.

3. Payment Terms

3.1. Services are provided under subscription plans: monthly or annual. Price details are available at www.apresly.com/pricing.

3.2. Payments are processed by credit card.

3.3. Subscriptions renew automatically unless Customer decides to cancel them. Plans can be cancelled at any time in Account Settings.

3.4. In case of exceeding the monthly lead limit, the user will be automatically moved to a higher plan and charged the fee for upgrading to the higher plan. This is all to maintain the continuity of Customer’s marketing campaigns.

3.5. It is possible to change from a monthly plan to an annual plan and vice versa. If you have purchased a monthly plan, you can switch to an annual plan at any time. If you want to switch from an annual plan to a monthly plan, you can only switch to a plan at the same level or higher.

3.6. Customers can maintain current prices for the upcoming year by signing up for an annual plan.

3.7. Apresly reserves the right to change prices and fees by updating the pricing, with notification to Customer at least 14 days before the changes take effect.

3.8. All prices listed on https://apresly.com/pricing/ do not include VAT tax; VAT rates differ depending on the country, and the applicable VAT rate will be displayed at checkout and on the final invoice based on the billing country. Users may order Services without paying VAT tax when:

  • the user is from an EU country and has a registered VAT number;
  • the user is from outside the EU, regardless of whether it is a business or private person.

For customers from countries where VAT tax does not apply, sales tax or any other applicable taxes will be added to the total purchase price during transaction processing. In case of any tax-related discrepancies, the final purchase price will be decisive.

3.9. If payment is not processed, Apresly will make up to 7 retry attempts every 24 hours; failure will result in disabling all active campaigns and account blocking.

4. Communication

4.1. Apresly may send emails related to the account or Service.

4.2. Apresly may request translation of official documents into English.

4.3. Communication should be mutually appropriate and courteous.

4.4. Apresly provides technical support via email for paying customers, and all Customers have access to the Help Center.

5. Accounts, Passwords and Security

5.1. Access to the Service requires creating an account and confirming contact details.

5.2. Customer is responsible for the confidentiality of login credentials and all actions taken using them.

5.3. Apresly may suspend or reject an account in case of rule violations or suspected abuse.

5.4. Apresly reserves the right to access Customer’s account for technical support purposes and to ensure Service operation.

5.5. An account inactive for 3 years may be deleted after notifying Customer and a 60-day period for data export.

6. Appropriate Content

6.1. Customer may only process data to which they have rights or consent.

6.2. Processing of illegal content (terrorist, pornographic, copyright-infringing, hateful, fraudulent, etc.) is prohibited.

6.3. Impersonation or misleading leads to account suspension.

6.4. Apresly may apply automatic and manual content controls and suspend campaigns.

7. Consents for Data Processing

7.1. Customer is responsible for obtaining all necessary consents and authorizations from persons whose data they process.

8. Account and Affiliate Link Abuse

8.1. Creating multiple accounts is not prohibited, but it is unacceptable to use this for abuse that could lead to reputational or financial losses. Apresly may close accounts deemed abusive.

8.2. Promotional (affiliate) links are allowed in your campaigns, provided they are clearly presented as offers from another company. These promotions must be naturally related to your brand’s content and meet your recipients’ expectations.

8.3. Creating artificial referrals by setting up accounts with different email addresses to exploit referral programs is prohibited. Detection of such practices results in closure of all related accounts.

9. Limitation of Liability

9.1. Apresly is not liable for content or use and in no other way in relation to this website or mobile application, nor for any damages not being a direct result of material damages, special damages, incidental damages, or consequential damages (including but not limited to loss of use, loss of profit, revenue depletion, loss of income or expected savings, business losses, loss of reputation or goodwill, loss of contracts or business relationships, or loss and/or damage to information or data), whether in contract, equity, or otherwise, arising from or in any way related to the use or inability to use this website or mobile application or materials contained therein or resulting from unauthorized access or alteration of data. Apresly is not liable for delays in performance or non-performance of any part of the Service if caused by force majeure events.

10. Service Termination

10.1. The Service provision period will last as long as you have an Apresly account or until you or we close that account.

10.2. We reserve the right to close your account or restrict your use of the Services at any time with or without cause. If we decide to close your account, you will receive appropriate notification with further instructions.

10.3. You have the ability to close your account at any time without penalty.

10.4. We reserve the right to cease providing our Services if your account is inactive for 3 years or longer, in accordance with Section 5.5 of these Terms.

10.5. When your account becomes subject to investigation, automatic or manual, related to non-compliance with these Terms or Anti-Spam Policy, we will notify you by email. If you fail to respond within 30 days, the account will be closed. This clause applies to both monthly and annual subscription plans. However, for annual plans, before plan expiration, attempts may be made to contact you regarding account status.

11. AI-Based Features

11.1. Apresly may provide or integrate with certain artificial intelligence-based features (“AI-Powered Features”). Any AI-Powered Feature is considered part of the Service, and its use is treated as part of overall Apresly usage.

11.2. You are responsible for ensuring that any content you input when using AI-Powered Features (“Input Data”) complies with these Terms. AI-generated outputs (“Output Data”) may have limitations and may not always be unique, accurate, fit for purpose, or free from errors or bias, and you bear sole responsibility for checking and ensuring they are appropriate for your use. The same Output Data generated for other Customers is not considered Content belonging to you. Apresly collaborates with third parties to provide AI models and process input and output data. You grant Apresly a license to use input and output data to improve AI models and agree to comply with all AI usage restrictions.

11.3. Apresly reserves the right to modify, suspend, or terminate AI-Powered Features without liability. Additionally, due to changing AI laws and regulations, the availability and functionality of AI-Powered Features and their Output Data may change over time.

11.4. You agree to use AI-Powered Features and/or Output Data in full compliance with these Terms.

12. Refunds

12.1. Refund of fees is only possible when Apresly terminates the service without cause before the expiration of the paid annual period. There are no other circumstances in which you will be entitled to receive a refund from us, including:

  • We do not refund money if your account is suspended for violating these Terms.
  • We do not refund money for unused or partially used plans (monthly or annual), when users did not use the Services or used them partially and/or forgot to cancel their plan and/or if they cancelled it immediately after their credit card was charged for a new billing period.
  • We do not refund money for an inappropriate monthly/annual plan (even purchased by mistake) and if users cancel their subscription after purchase due to functionality.
  • We treat all customers equally, so we do not make exceptions to this rule.

12.2. At our discretion, we may offer refunds in other situations according to requirements we post on the website or in the application, which may be changed from time to time. In any case, refunds can only occur within 30 days of the last transaction date.

12.3. If you are an individual and use Apresly services for purposes other than commercial, business, craft, or professional, you have the right to request a refund within 14 calendar days from the day you accepted Apresly’s terms. If you violate Apresly’s terms and your account is suspended or closed, the refund option will not apply.

13. Email System Integrations

13.1. Apresly may offer integrations with external email service providers (such as MailerLite, Kit, Active Campaign, GetResponse, Mailchimp, and others) through API and access keys usage.

13.2. Customer using such integrations represents and warrants that: a) they have full right to provide Apresly with API keys of their accounts with external providers, b) they have all required consents and authorizations to process contact data stored with external providers, c) data retrieved by Apresly through API was obtained in accordance with law and external providers’ terms, d) they bear full responsibility for GDPR compliance and other personal data protection regulations.

13.3. Apresly acts solely as a technical processor of data retrieved through API on Customer’s behalf and according to Customer’s instructions. Customer remains the data controller and bears full responsibility for: a) legality of the basis for processing contact data, b) obtaining all required consents from persons whose data is processed, c) ensuring compliance with external providers’ privacy policies, d) respecting the rights of data subjects (right of access, rectification, deletion, etc.).

13.4. Apresly: a) processes data retrieved from API only to the extent necessary to provide the Service, b) applies appropriate security measures, including encryption of stored data, c) is not liable for the content, quality, or legality of retrieved data, d) does not guarantee continuity of external providers’ API operation.

13.5. Apresly is not liable for: a) actions, policies, terms changes, or failures of external email service providers, b) Customer’s account blocking or suspension by external provider, c) loss of API access or changes to its usage terms, d) legal violations resulting from Customer’s incorrect instructions or representations, e) third-party claims related to Customer’s processing of their data, f) consequences of lack of appropriate consents or legal bases on Customer’s side.

13.6. Customer undertakes to immediately inform Apresly of any changes in legal bases for data processing or withdrawal of consents by data subjects.

13.7. In case of violation reports, claims, or proceedings related to data retrieved from API, Customer undertakes to fully indemnify Apresly against claims and bear all related costs.

14. Account Disputes

14.1. Internal party disputes are resolved between themselves.

14.2. If a dispute regarding account ownership is not resolved, Apresly may temporarily suspend the account for clarification.

14.3. Apresly may require documents confirming the right to the account.

15. Terms and Modifications

15.1. Apresly may modify or terminate Services and Terms at any time; changes are published on the website and take effect after 14 days.

16. Intellectual Property

16.1. Customer retains rights to their data and content; Apresly retains rights to the platform. Copying or creating derivative works based on it is prohibited.

17. Friend Referrals (Affiliate Program)

17.1. All Apresly customers have access to the friend referral dashboard, which enables inviting other people to register with Apresly and receive commission.

17.2. When a new user visits the Apresly website through your friend referral link and registers (within the timeframe specified in the affiliate program terms), our system immediately identifies your referral. The user will receive specified credit immediately, and you will be rewarded once that user upgrades to a higher pricing plan.

17.3. The affiliate program terms are located here: https://apresly.getrewardful.com/signup

18. Trial Period

18.1. New Customers receive a 5-day free trial period.

18.2. The trial period ends after purchasing a paid plan.

19. Privacy

19.1. Apresly protects privacy in accordance with the Privacy Policy.

20. Data Processing Agreement (DPA)

20.1. If you share personal data of your customers with us, you are subject to the provisions set forth in the Data Processing Agreement (DPA).

20.2. The Data Processing Addendum is an integral part of these Terms and can be found here.

21. Miscellaneous Provisions

21.1. These Terms are governed by Polish law. All disputes are resolved by the court with jurisdiction over Apresly’s registered office.

21.2. These Terms are effective from the date of their publication on the Apresly website.

Last updated: July 15, 2025

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