Welcome to Adaptive Plus Inc (“Adapt”). We offer an online Software as a Service (SaaS) delivery model to provide an m-commerce solution for end-users. For example, we provide a mobile adapted online store available through our mobile applications, Adapt mobile application on iOS and Android, and through other user interfaces. You must read, understand, and agree with the Terms of Service and Adapt’s Privacy Policy before you use any of Adapt’s products and services. This includes all features and functionalities, our user interfaces such as our website, and all content and associate software (in whole or in part, the “Products and Services”).

These Terms of Service require all disputes between you and Adapt to be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with Adapt.

These Terms of Service are also a resource for you to have a deeper understanding of how our Products and Services work, including the kinds of data we collect, the way we bill, how we interact with you and other useful details. We encourage you to revisit these Terms of Service when you have a question about the Products and Services or want to know how something works. We hope you enjoy your Adapt experience.

Acceptance of Terms of Service

By using, visiting, or browsing the Products and Services as a user or paid or unpaid member, you accept and agree to be bound by these Terms of Service. Further, you must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including Adapt’s Privacy Policy, the Copyright Policy, and, if applicable, the EU Privacy Policy, the Data Processing Agreement (“DPA”) and the CCPA Notice (collectively, the “Policies”), before you may sign up for an Adapt Account or use any Adapt Services. If you do not agree to these Terms of Service, you should not use the Products and Services, including our website and software. Violation of any terms will result in the termination of your account. Questions about the Terms of Service may be sent to [email protected].

These Terms of Service, together with the Policies, constitute the entire agreement between you and Adapt and supersede any and all previous agreements, written or oral, between you and Adapt, including previous versions of the Terms of Service. Any failure of Adapt to enforce or exercise a right provided in these terms is not a waiver of that right.

Changes to Terms of Service

Adapt reserves the right, from time to time, with or without notice to you, to change these Terms of Service, including the Policies, in our sole and absolute discretion. Adapt may also freely assign or transfer this Agreement. The most current version of these Terms of Service can be reviewed by visiting our website and clicking on “Terms of Service” located at the bottom of the pages of the Adapt website. The most current version of the Terms of Service will supersede all previous versions. We will endeavor to post prior version(s) on our website when the Terms of Service are updated.

If any provision of this Agreement is declared void or unenforceable by any judicial authority, this shall not nullify the remaining provisions of the Agreement, which shall remain in full force and effect.

Account Terms Overview

You are responsible for using the Products and Services in a private and secure manner. Adapt is not liable for any damage or loss due to unauthorized account access resulting from your actions, such as not logging out of the Products and Services or sharing your account password.

Adapt can refuse registration or cancel an account at its sole discretion at any time.

You may not use the Products and Services for any illegal activity or to violate laws in your jurisdiction.

You may not use the Products and Services to distribute unsolicited email (“spam”) or malicious content such as viruses or worms.

You may not exploit the Products and Services to access unauthorized information.

Adapt reserves the right to modify, suspend, or discontinue the Products and Services for any reason, with or without notice.

Abuse or excessively frequent requests to the Adapt website or other Products and Services may result in the temporary or permanent suspension of your account’s access to the Products and Services. Adapt, at its sole discretion, will determine abuse or excessive usage. Adapt will make a reasonable attempt via email to warn the account owner prior to suspension.

Adapt owns intellectual property rights to any protectable part of the Products and Services, including but not limited to the design, artwork, functionality, and documentation. You may not copy, modify, or reverse engineer any part of the Products and Services owned by Adapt. For more details, see below the Intellectual Property section of these Terms of Service.

You are responsible for the security of cardholder data you possess or otherwise store, processes, or transmits on behalf of your customer, or to the extent that you could impact the security of your customer’s cardholder data.