Terms of Service

Last updated: 6 September 2026
Effective date: 6 September 2026

1. Agreement and Scope

These Terms of Service (“Terms”) govern access to and use of AppReply, a software platform providing mobile app-store intelligence, review management, analytics and AI-assisted functionality, together with the AppReply web application, related services, features, documentation and websites (collectively, the “Service”).

The Service is provided by Rasliak Labs, a sole proprietorship registered in Norway under organisation number 935 367 352, with VAT number NO 935 367 352 MVA and registered address at Bøkkerveien 16A, 0579 Oslo, Norway (the “Provider”). AppReply is a product and trading name operated by the Provider.

The Service is intended exclusively for business and professional use and is not offered to consumers acting primarily for personal, family or household purposes. Individual users of the Service must be at least 18 years old and legally capable of entering into binding agreements.

By creating an account, accessing or using the Service, purchasing a subscription, or entering into an order for the Service, you agree to these Terms.

“Customer” and “you” mean the person or entity that creates an account, accesses or uses the Service, or purchases a subscription. If you do so on behalf of a company or other organisation, you represent that you have authority to bind that organisation to these Terms, and “Customer” and “you” refer to that organisation.

These Terms apply to both free and paid use of the Service unless expressly stated otherwise.

Paid subscriptions may be purchased through an authorised third-party merchant of record (“Merchant of Record”) or directly from the Provider under an invoice, Order Form or other written commercial agreement expressly accepted by the Provider.

“Order Form” means an ordering document issued or expressly accepted in writing by the Provider that identifies the Service, plan, fees and subscription term, and that is signed or electronically accepted by both parties. A quotation, proposal, checkout confirmation, invoice or any document issued by the Customer is not an Order Form unless the Provider expressly accepts it in writing as such.

Where the Provider provides the Service under an invoice, Order Form or other written commercial agreement, that document may contain additional commercial terms. The relationship between these Terms and any such document is governed by Section 21.2.

The AppReply Data Processing Agreement (“DPA”), available at appreply.co/dpa, is incorporated into and forms part of these Terms. By accepting these Terms, the Customer also accepts the DPA. The DPA applies where and to the extent that the Provider Processes Customer Personal Data on the Customer's behalf. The version of the DPA applicable to the Customer is the version published on the date the Customer accepts these Terms, as subsequently updated in accordance with Section 14.4 of the DPA. The relationship between the DPA and these Terms is governed by Section 21.2.

The AppReply Privacy Policy, available at appreply.co/privacy, describes how the Provider Processes Personal Data where the Provider acts as an independent Controller. Where the Provider Processes Customer Personal Data on the Customer's behalf, that Processing is governed by the DPA.

In these Terms, “Personal Data”, “Process”, “Processing”, “Processed”, “Controller”, “Processor” and “Subprocessor” have the meanings given to them under the data-protection laws applicable to the relevant Processing, and “Customer Personal Data” means Personal Data that the Provider Processes on behalf of the Customer in connection with the Service.

You may not use the Service if you do not agree to these Terms.

2. Intellectual Property Rights

2.1 AppReply Intellectual Property

The Service, including the AppReply website and its software, functionality, user interface, workflows, designs, documentation, text, graphics, photographs, audiovisual content, logos, databases, proprietary methods, configurations and other materials created, developed, owned or lawfully used by the Provider (collectively, “AppReply IP”), is owned by or licensed to the Provider and is protected by applicable intellectual property laws.

The AppReply name, logo and other brand elements are owned by or licensed to the Provider. Except as expressly permitted in writing, these Terms do not grant the Customer any right to use AppReply's trademarks, logos or branding.

AppReply IP does not include Customer Data, Customer Content, Customer trademarks, or other materials supplied by or on behalf of the Customer.

2.2 Right to Use the Service

Subject to these Terms, payment of applicable fees, and any applicable Order Form or other commercial agreement, the Provider grants the Customer a limited, non-exclusive, non-transferable and non-sublicensable right to access and use the Service during the applicable subscription or service period for the Customer's internal business purposes.

The Customer may permit its employees, contractors and other authorised users to access the Service on its behalf, subject to any user, workspace or account limits applicable to the Customer's subscription.

The Customer is responsible for the acts and omissions of its authorised users in connection with the Service.

The Customer may access, download and reproduce AppReply documentation and other materials made available for that purpose as reasonably necessary for its internal use of the Service.

2.3 Restrictions

Except where expressly permitted by these Terms, by the Provider in writing, or by applicable law, the Customer may not:

• a. copy, modify, reproduce, aggregate, republish, publicly display, distribute, sell, license, sublicense, rent, lease or otherwise commercially exploit the Service or AppReply IP;
• b. translate, adapt or create derivative works from AppReply IP for publication, distribution or commercial exploitation;
• c. reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, underlying structure, models, logic or proprietary elements of the Service;
• d. bypass or interfere with technical limitations, access controls or security measures;
• e. remove or alter proprietary notices, trademarks or ownership notices;
• f. use unauthorised copying, extraction or reproduction of AppReply IP to create, train or support a competing product or service;
• g. use automated means, including bots, crawlers, scrapers, browser automation, large language models (LLMs), generative artificial-intelligence systems or AI agents, to extract, reproduce or analyse substantial portions of the Service, documentation, interface or proprietary content except as expressly authorised by the Provider;
• h. use the Service in a manner that infringes the Provider's or any third party's intellectual property rights.

Nothing in this section prevents the Customer from using the ordinary functionality of the Service for its legitimate business purposes.

2.4 Third-Party Materials

The Service may incorporate, depend on or interact with third-party software, APIs, artificial intelligence models, libraries, services or open-source components (“Third-Party Materials”).

The Provider does not claim ownership of Third-Party Materials. Such materials remain subject to the rights and, where applicable, licence terms of their respective owners.

The Provider may replace, modify or discontinue the use of Third-Party Materials where reasonably necessary to operate, maintain or improve the Service. Where a Third-Party Material Processes Customer Personal Data on the Customer's behalf, any replacement or change is also subject to Section 6 of the DPA.

2.5 Reservation of Rights

Except for the limited rights expressly granted under these Terms, the Provider and its licensors retain all rights, title and interest in and to the AppReply IP.

No ownership rights in the AppReply IP are transferred to the Customer under these Terms, whether by implication, estoppel or otherwise.

2.6 Customer References

Unless the Customer has notified the Provider in writing that it does not wish to be identified publicly as a customer, the Customer grants the Provider a non-exclusive, worldwide, royalty-free licence during the Customer's use of the Service to use the Customer's name, logo and trademarks solely to identify the Customer as a customer of the Service on AppReply's website, customer lists, presentations and sales or marketing materials.

The Customer may withdraw this permission at any time by written notice. Following such notice, the Provider will discontinue new uses of the Customer's name and logo and will remove existing uses within a reasonable period where reasonably practicable.

The Provider will not imply endorsement, sponsorship or partnership by the Customer beyond identifying the Customer as a user or customer of the Service.

The Provider is not required to recall, destroy or modify materials that were lawfully distributed before the Customer's permission was withdrawn.

3. Customer Representations and Account Responsibilities

3.1 Customer Representations

By accessing or using the Service, the Customer represents and warrants that:

• a. all registration, account and billing information provided to the Provider is accurate, current and complete;
• b. the Customer has the legal authority to enter into these Terms and, where an individual accepts these Terms on behalf of an organisation, that individual has authority to bind that organisation;
• c. the Customer will use the Service only for legitimate business purposes and in compliance with applicable laws and regulations;
• d. the Customer has all necessary rights, permissions and authority to connect, access and manage any applications, app-store accounts, developer accounts, integrations, data sources or other third-party resources connected to the Service;
• e. the Customer's use of the Service, including publication of content or other actions performed through connected accounts, will comply with the applicable terms, policies, permissions and technical requirements of any connected Third-Party Service;
• f. the Customer will not use the Service in a manner that infringes or violates the rights of the Provider or any third party; and
• g. the Customer will not provide the Provider with data, credentials, permissions or instructions that the Customer is not legally authorised to provide, grant or Process through the Service.

3.2 Account Security

The Customer is responsible for all activity conducted through its account and workspace by its authorised users and for maintaining appropriate internal controls over such access.

The Customer may permit employees, contractors and other authorised users to use the Service on its behalf. The Customer is responsible for managing such access and for the activities of its authorised users in connection with the Service.

The Customer must use reasonable measures to prevent unauthorised access to its account and must notify the Provider without undue delay if it becomes aware of, or reasonably suspects, unauthorised access, compromise of account credentials or other misuse of its account.

The Customer may not share account credentials with persons who are not authorised to access the Customer's workspace.

3.3 Use of Connected Accounts and Integrations

The Customer is responsible for ensuring that it has all necessary rights and authority to connect Third-Party Accounts and integrations to the Service and to authorise the Provider to access them as necessary to provide the Service.

Further terms relating to Third-Party Accounts and integrations are set out in Section 8.3.

3.4 Inaccurate or Unauthorised Information

If the Provider reasonably believes that information provided by the Customer is materially inaccurate, fraudulent or unauthorised, or that an account or the Service is being used in a manner that may create legal, security, operational or reputational risk for the Provider or any third party, the Provider may request verification, restrict functionality, suspend access, or take other reasonably necessary protective measures.

The Provider may take immediate action without prior notice where reasonably necessary for security, legal, fraud-prevention, abuse-prevention or service-integrity reasons.

4. Fees, Billing and Payment

4.1 Fees

Access to certain features or plans of the Service requires payment of applicable subscription or service fees.

The applicable fees, billing period, currency, usage limits and other commercial terms are those displayed at checkout, stated on an invoice or Order Form, or otherwise agreed in writing between the Provider and the Customer.

Unless expressly stated otherwise, all fees are exclusive of applicable taxes, duties, levies or similar governmental charges.

4.2 Purchases Through Merchant of Record

Certain subscriptions may be purchased through a Merchant of Record, currently including Lemon Squeezy.

For such purchases, payment processing, applicable transaction taxes, receipts, refunds, chargebacks and related transaction matters may be handled by the applicable Merchant of Record in accordance with its applicable terms and policies.

The Provider may replace or add Merchant of Record providers from time to time.

For recurring subscriptions, the Customer authorises recurring charges for each applicable billing period until the subscription is cancelled in accordance with these Terms and the applicable checkout terms.

4.3 Direct Billing by the Provider

Where the Customer purchases the Service directly from the Provider, the Customer must pay all amounts in the currency and by the due date specified on the applicable invoice, Order Form or other written commercial agreement.

Invoices may be issued in United States Dollars (USD), Norwegian Kroner (NOK), or another currency agreed with the Customer.

The Customer is responsible for any bank charges, intermediary bank fees, currency conversion fees or similar charges imposed by the Customer's bank or payment provider in connection with payment.

Payment is considered completed only when the full invoiced amount has been received by the Provider, unless otherwise agreed in writing.

4.4 Taxes

Applicable VAT, sales tax or similar taxes will be charged or collected where required by applicable law.

For transactions processed through a Merchant of Record, applicable transaction taxes may be handled by the Merchant of Record in accordance with the applicable transaction arrangements.

For transactions invoiced directly by the Provider, applicable taxes will be determined and stated in accordance with applicable Norwegian and cross-border tax rules.

The Customer is responsible for any taxes, duties or charges that applicable law requires the Customer to pay directly, excluding taxes imposed on the income of the Provider.

If the Customer is required by law to make any withholding or deduction from a payment to the Provider, the Customer must, to the extent permitted by applicable law, increase the payment so that the Provider receives the full amount that would have been received without such withholding or deduction. The Customer must provide appropriate documentation of any required withholding.

4.5 Late or Failed Payments

If an amount invoiced directly by the Provider is not paid when due, the Provider may charge statutory late-payment interest and recover collection costs to the extent permitted by applicable law.

The Provider may suspend or restrict access to paid features or the Service where fees remain unpaid after the applicable due date.

Where reasonably practicable, the Provider will provide notice of non-payment before suspension. The Provider may restore access after outstanding amounts have been paid.

Suspension for non-payment does not relieve the Customer of its obligation to pay amounts that became due before or during the suspension.

If a recurring payment processed through a Merchant of Record fails, access to paid features may be restricted or suspended in accordance with the applicable subscription and payment arrangements.

4.6 Price Changes

The Provider may change its prices, plans, usage limits or billing structure from time to time.

Unless otherwise agreed in writing, a price change will not affect fees already paid for a current prepaid subscription period. Any new price will apply from the Customer's next renewal or subsequent purchase after the change becomes effective.

Where reasonably practicable, the Provider will provide advance notice of material price changes affecting an existing recurring subscription.

Customer-specific pricing agreed in a signed Order Form or other written commercial agreement will remain subject to the terms of that agreement.

4.7 Billing Errors and Orders

The Provider may correct pricing, billing, calculation or administrative errors.

If an error results in the Customer being charged more than the amount properly due, the excess amount will be corrected or refunded as appropriate.

The Provider may reject or cancel an order before the Service is activated where reasonably necessary due to pricing errors, suspected fraud, legal or compliance requirements, technical limitations, or other legitimate business reasons.

4.8 No Set-Off

To the extent permitted by applicable law, amounts payable to the Provider must be paid without set-off, counterclaim, deduction or withholding, except where such deduction or withholding is required by law or expressly agreed by the Provider in writing.

5. Subscription Term, Cancellation and Refunds

5.1 Subscription Term and Renewal

Paid subscriptions are provided for the billing period selected at checkout or specified in the applicable invoice, Order Form or other written commercial agreement.

Unless otherwise stated at checkout or agreed in writing, recurring subscriptions automatically renew for successive billing periods until cancelled.

For subscriptions purchased through a Merchant of Record, renewal and billing are processed through the applicable Merchant of Record in accordance with the applicable subscription arrangements.

For subscriptions purchased directly from the Provider, the applicable subscription term, renewal terms and payment obligations are those stated on the relevant invoice, Order Form or other written commercial agreement.

5.2 Free Trial

New Customers receive a 10-calendar-day free trial upon creating an AppReply account, during which they may access features that are otherwise available under a paid subscription plan.

No subscription fee is charged solely as a result of starting or completing the free trial.

During or after the free trial, the Customer may choose to purchase an available paid subscription.

If the Customer does not purchase a paid subscription, access to paid features will end when the free trial expires and the account will continue on the applicable free plan, subject to the features and limits of that plan.

The Provider may restrict or refuse additional trial periods where reasonably necessary to prevent fraud, abuse or repeated attempts to obtain trial access.

Unless otherwise stated by the Provider, a Customer or organisation may receive only one free trial.

5.3 Money-Back Guarantee

For eligible initial paid subscriptions, the Provider offers a 14-day money-back guarantee starting on the date of the Customer's first subscription payment.

The money-back guarantee is separate from the free trial and begins on the date of the Customer's first subscription payment, regardless of whether that payment occurs during or after the free trial period.

To qualify for a refund, the Customer must request the refund within 14 calendar days after the date of the first subscription payment.

Unless the Provider expressly agrees otherwise in writing, the money-back guarantee:

• a. applies only to the Customer's first eligible paid subscription;
• b. may be used only once per Customer or organisation;
• c. does not apply to subscription renewals or subsequent billing periods;
• d. does not apply to custom or individually negotiated pricing, enterprise arrangements, Order Forms, separately invoiced commitments, professional services, implementation work or other additional services; and
• e. may be refused where the Provider reasonably determines that the request involves fraud, abuse, repeated registrations, repeated purchases and cancellations, or other misuse of the guarantee.

A qualifying refund terminates the refunded paid subscription and may result in immediate loss of access to the corresponding paid features.

After the applicable 14-day money-back period has expired, subscription fees are non-refundable and non-creditable except where required by applicable law or expressly agreed by the Provider in writing.

The Provider may, at its discretion, issue a full or partial refund, account credit or other adjustment in individual circumstances. Any such decision does not create an obligation to provide the same treatment in other cases.

Where a purchase was processed through a Merchant of Record, refunds and chargebacks may also be processed by the applicable Merchant of Record in accordance with its applicable policies.

5.4 Cancellation

The Customer may cancel a recurring self-service subscription at any time before its next renewal.

Cancellation prevents future renewal charges but does not normally terminate access immediately. Unless otherwise stated, the Customer may continue using the paid Service until the end of the subscription period already paid for.

Cancellation after the 14-day money-back period has expired does not entitle the Customer to a refund or credit for any unused portion of the current subscription period.

Cancellation does not entitle the Customer to a prorated refund for any unused portion of a monthly or annual subscription period already paid for.

For annual subscriptions, cancellation does not convert the subscription into a monthly, usage-based or shorter-term arrangement and does not entitle the Customer to a refund for the remaining portion of the annual subscription period.

For subscriptions subject to an Order Form, invoice commitment or other written commercial agreement, cancellation does not release the Customer from payment obligations already incurred or from any agreed minimum commitment.

5.5 Plan Changes

The Customer may upgrade or downgrade an eligible self-service subscription where that functionality is made available by the Provider.

An upgrade may take effect immediately and may result in an immediate additional or prorated charge for the remainder of the current billing period.

Unless otherwise expressly stated by the Provider at the time of the change, a downgrade will take effect at the beginning of the Customer's next billing period.

A downgrade does not entitle the Customer to a refund, cash payment, or prorated reimbursement for any unused portion of the current monthly or annual subscription period.

Any credit or billing adjustment associated with a plan change will apply only where expressly displayed or confirmed by the Provider or the applicable billing system. Any such credit is not redeemable for cash unless the Provider expressly agrees otherwise.

The Provider may restrict or delay a downgrade where the Customer's existing usage, stored data, connected applications, features or other account configuration exceeds the limits of the requested plan.

6. Acceptable Use and Prohibited Activities

The Customer may use the Service only for legitimate business purposes and in accordance with these Terms.

The Customer must not, and must not permit any authorised user or third party to:

• a. use the Service for any unlawful, fraudulent or unauthorised purpose, or in violation of applicable laws, regulations or third-party rights;
• b. access, use, connect to or manage any application, app-store account, developer account, workspace, data or other resource without the necessary authority or permission;
• c. grant, configure or maintain API scopes, permissions, credentials or access rights for the Provider that exceed those expressly requested or identified as necessary through the Service, the applicable integration flow or AppReply documentation, except where broader access is technically required by the applicable Third-Party Service and has been expressly identified by the Provider;
• d. impersonate another person or organisation, misrepresent its identity or authority, or use false or misleading account information;
• e. attempt to gain unauthorised access to the Service, another Customer's account or data, the Provider's systems, networks, credentials or infrastructure;
• f. bypass, disable, defeat or interfere with authentication, security controls, usage limits, rate limits, subscription restrictions or other technical measures implemented by the Provider;
• g. interfere with, disrupt, overload, degrade or otherwise adversely affect the operation, availability, integrity or security of the Service or related systems;
• h. upload, introduce or transmit malware, malicious code, viruses, harmful scripts or other material intended to compromise, disrupt or obtain unauthorised access to systems or data;
• i. use the Service to obtain, Process, publish or transmit content or data where the Customer does not have the necessary rights or lawful authority to do so;
• j. use the Service in a manner that violates the applicable terms, policies, permissions or technical requirements of any connected Third-Party Service;
• k. resell, rent, sublicense, white-label, provide access to, or commercially exploit the Service for the benefit of third parties except where expressly authorised by the Provider in writing;
• l. use one subscription, account or workspace to circumvent applicable plan, usage, application, user or other commercial limits;
• m. scrape, crawl, harvest, extract, collect, reproduce or perform text or data mining on substantial portions of the Service, its documentation, interface or proprietary data, including for dataset creation, model training or model evaluation, except through functionality or APIs expressly made available or authorised by the Provider;
• n. use automated or semi-automated systems, including scripts, bots, crawlers, scrapers, browser automation, headless browsers, large language models (LLMs), generative artificial-intelligence systems, AI agents, autonomous agents or similar tools, to access, navigate, observe, record or interact with the Service, except through functionality, integrations or APIs expressly provided or authorised by the Provider;
• o. use generative artificial-intelligence systems, large language models (LLMs), AI agents, autonomous agents, browser automation or other automated or semi-automated tools to reverse engineer, decompile, disassemble, inspect, infer, reconstruct, map or otherwise attempt to derive the source code, architecture, workflows, business logic, prompts, models, configurations, proprietary methods or other non-public elements of the Service;
• p. probe, scan or test the vulnerability or security of the Service or related infrastructure without the Provider's prior written authorisation; or
• q. assist, encourage or enable any third party to engage in any activity prohibited by these Terms.

The Provider may investigate suspected violations of this Section and may restrict functionality, suspend access, revoke integrations or take other reasonably necessary protective measures where the Provider believes that continued use may create legal, security, operational, financial or reputational risk.

The Provider may take immediate action without prior notice where reasonably necessary to protect the Service, the Provider, other customers, Third-Party Services or data, or to comply with applicable law.

Where access is suspended or terminated because of the Customer's material breach of this Section, the Customer is not entitled to a refund or credit for fees already paid, except where required by applicable law.

6.1 Sanctions and Trade Restrictions

The Customer must not access, use, purchase or make the Service available in violation of applicable sanctions, export controls, trade restrictions or embargoes.

The Customer represents that neither the Customer nor, to its knowledge, any person or entity using the Service on its behalf is subject to sanctions, designated on an applicable restricted-party list, or located, organised or ordinarily resident in a jurisdiction where provision of the Service would be prohibited or restricted by applicable law.

The Customer must not use the Service for the benefit of, or make the Service available to, any person, entity or jurisdiction where doing so would cause the Provider or any critical Third-Party Service used to provide the Service, including an artificial-intelligence provider, to violate applicable sanctions, export-control or trade-restriction requirements.

The Provider may refuse, restrict, suspend or terminate access immediately and without prior notice where reasonably necessary to comply with applicable sanctions, export controls, trade restrictions, embargoes, or binding restrictions applicable to Third-Party Services necessary to provide the Service.

To the fullest extent permitted by applicable law, the Provider will not be liable for loss, interruption or unavailability resulting from action taken under this Section.

7. Customer Data, Content and AI-Generated Output

7.1 Data and Content Definitions

For purposes of these Terms:

“Customer Data” means data, information and materials submitted to the Service by or on behalf of the Customer, or accessed through third-party services connected by or on behalf of the Customer.

“Customer Content” means content created, uploaded or provided by or on behalf of the Customer through the Service, including instructions, prompts, templates, knowledge-base materials, brand information and other materials supplied by the Customer.

“Platform Data” means data, content, information and metadata obtained from, made available through, or otherwise relating to third-party platforms, services or data sources, including app stores and similar digital distribution platforms.

“Review Data” means the portion of Platform Data relating to reviews, ratings, reviewers and associated metadata.

“AI Output” means text, recommendations, summaries, classifications, analyses, suggested replies or other content generated or assisted by artificial-intelligence features made available through the Service.

7.2 Ownership of Customer Data and Content

The Provider does not claim ownership of Customer Data or Customer Content.

As between the Provider and the Customer, the Customer retains all rights it holds in Customer Data and Customer Content.

Rights in Platform Data and other third-party content remain with the applicable platform, source, Customer or other rights holder, as applicable.

The Customer grants the Provider a non-exclusive, worldwide, royalty-free right to host, copy, process, transmit, modify and otherwise use Customer Data and Customer Content only to the extent reasonably necessary to provide, operate, secure, maintain, troubleshoot and support the Service, fulfil the Customer's instructions, and comply with applicable law.

The Provider may access, process, analyse and use Platform Data to the extent permitted by applicable law and the applicable third-party platform terms.

The rights described in this Section continue only for as long as reasonably necessary for the relevant purposes, subject to applicable retention requirements and the AppReply Data Processing Agreement where applicable.

7.3 Customer Responsibility for Data and Content

The Customer is responsible for Customer Data and Customer Content provided to or processed through the Service.

The Customer represents and warrants that it has all rights, permissions, consents and lawful bases necessary to provide Customer Data and Customer Content to the Provider and to instruct the Provider to process, use or publish such data and content through the Service.

The Customer is responsible for ensuring that its instructions, Customer Content and use of Platform Data comply with applicable laws, third-party rights and the terms, policies and requirements of applicable Third-Party Services.

The Customer must not provide the Provider with data that it is prohibited from processing or that requires the Provider to comply with industry-specific or special regulatory requirements unless the Provider has expressly agreed in writing to support such processing.

7.4 AI-Generated Output

The Service uses authorised third-party artificial-intelligence providers to analyse Platform Data and Customer Content and to generate analyses, summaries, recommendations, classifications, suggested replies and other AI Output. Section 3 and Annex 1 of the DPA describe which of these activities occur as an inherent part of the Service and which require the Customer to enable functionality.

AI Output is generated automatically and may be inaccurate, incomplete, inappropriate, misleading or unsuitable for the Customer's particular circumstances.

The Provider does not guarantee the accuracy, completeness, uniqueness, legality or suitability of AI Output.

To the fullest extent permitted by applicable law, the Provider does not claim ownership of AI Output generated for the Customer. The Customer may use, edit, publish and otherwise use such AI Output for its business purposes, subject to applicable law and any relevant third-party rights or terms.

Due to the nature of artificial intelligence systems, similar or identical output may be generated for different customers. The Provider does not guarantee that AI Output is unique or capable of intellectual property protection.

The Provider does not use Customer Data, Customer Content or Customer Personal Data to train, fine-tune or improve general-purpose artificial-intelligence models.

7.5 Publication of Replies and AI Transparency

The Service may allow the Customer to publish replies to third-party platforms manually, with approval, or automatically based on settings selected or configured by the Customer.

By enabling a publishing or automatic-reply feature, the Customer expressly authorises the Provider to use its authorised artificial-intelligence providers to generate replies on the Customer's behalf and to publish those replies through the Customer's connected third-party account in accordance with the Customer's selected configuration.

The Customer is responsible for selecting and maintaining appropriate reply settings, instructions, templates, knowledge-base information, automation rules, approval settings and transparency settings applicable to its use of the Service.

Where available, the Provider may provide functionality that allows the Customer to add a visible disclosure or other notice indicating that a reply or other content was generated or assisted by artificial intelligence. The Customer is responsible for determining whether and how such visible disclosure should be enabled for its particular use case, taking into account applicable law, regulatory requirements and third-party platform rules.

The Provider may apply, require or preserve labels, disclosures, metadata, machine-readable markings or other transparency measures where required by applicable law or by the published requirements of the Third-Party Service through which the content is published. The Customer must not remove, disable, obscure or circumvent any transparency measure that the Provider identifies as mandatory.

Where the Customer enables automatic publication without prior human approval, the Customer acknowledges that AI-generated replies may be published without being individually reviewed by the Customer before publication.

The Customer remains responsible for determining whether automatic publication is appropriate for its use case, for exercising any human review or editorial control required by applicable law, and for the content published through its connected accounts.

The availability of AI disclosure, approval or transparency controls does not constitute legal advice or a representation that any particular configuration will satisfy all legal, regulatory or platform requirements applicable to the Customer.

The Provider is not responsible for claims, losses, platform actions, reputational consequences or other effects resulting from Customer Content or AI Output published in accordance with the Customer's instructions or account configuration, except to the extent that liability cannot be excluded under applicable law.

7.6 Customer Review and Monitoring

The Customer is responsible for monitoring its use of the Service and reviewing published or proposed replies to the extent appropriate for its business, legal and regulatory requirements.

The Provider does not undertake to manually review, verify or approve Customer Content or AI Output before it is published.

The Provider may provide tools that allow the Customer to review, edit, approve, reject, configure or apply transparency settings to AI-generated replies. The availability of such tools does not transfer responsibility for the Customer's use of the Service, legal compliance or publication decisions to the Provider.

7.7 Removal or Restriction of Content and Data

The Provider may remove, restrict, disable or prevent the Processing, display, analysis or publication of Customer Content, Platform Data or AI Output where the Provider reasonably believes that doing so is necessary to:

• a. comply with applicable law or a binding legal request;
• b. prevent infringement of third-party rights;
• c. protect the security or integrity of the Service;
• d. comply with the terms, policies, permissions or requirements of a Third-Party Service; or
• e. prevent fraud, abuse or material legal, security, operational or reputational risk to the Provider, the Service or third parties.

Where reasonably practicable, the Provider may notify the Customer of such action.

7.8 Anonymous and Analytical Information

The Provider may produce anonymous information from Platform Data and from the operation and use of the Service by aggregating or anonymising it so that no individual, Customer or authorised user is identified or reasonably identifiable by the Provider or any recipient, and may use such anonymous information for analytics, benchmarking, research, security, evaluation, service development, performance measurement and product improvement. The Processing required to produce anonymous information is Processing on the Customer's documented instructions under the DPA, is performed only within the Provider's own systems, and is limited to what is necessary to produce the anonymous output.

The Provider may use such anonymous information to develop and improve the Service and to provide aggregated insights, trends, benchmarks and statistics to customers or third parties, provided that such information does not identify the Customer, its authorised users or individual persons as identifiable persons.

The Provider may retain and use anonymous information after termination of the Customer's account. Information that remains Personal Data under applicable data-protection law is not anonymous information for the purposes of this Section and remains subject to Section 12 of the DPA.

Nothing in this Section authorises the Provider to Process identifiable Customer Personal Data other than in accordance with the DPA and applicable data-protection law.

8. Feedback and Third-Party Services

8.1 Feedback

The Customer or its authorised users may from time to time provide the Provider with suggestions, ideas, comments, feature requests, recommendations, error reports or other feedback relating to the Service (“Feedback”).

Feedback is provided voluntarily and, except to the extent it contains Confidential Information or the parties otherwise expressly agree in writing, is not confidential.

The Customer grants the Provider a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free right to use, reproduce, modify, develop, commercialise and otherwise exploit Feedback for any lawful purpose without restriction, attribution or compensation to the Customer.

The Provider is under no obligation to review, implement or respond to any Feedback.

The Customer represents that it has the right to provide any Feedback submitted to the Provider and that the Provider's permitted use of such Feedback will not infringe third-party rights.

Feedback does not include Customer Data, Customer Content or Confidential Information.

8.2 Third-Party Services and Platforms

The Service may depend on, integrate with, enable access to, or obtain Platform Data from third-party products, platforms, APIs, artificial-intelligence providers, hosting services, data sources, digital distribution platforms and other services (“Third-Party Services”).

Third-Party Services are not controlled by the Provider and may be subject to their own terms, policies, permissions, technical requirements, availability, fees and restrictions.

The Provider is not responsible for the operation, availability, security, accuracy, performance or continued availability of Third-Party Services.

A Third-Party Service may change, restrict, suspend or discontinue its functionality, APIs, data availability, access rules or other features at any time. Such changes may affect or prevent the operation of certain features of the Service.

The Provider may modify, replace, restrict or discontinue integrations, data sources or functionality that depend on a Third-Party Service where reasonably necessary as a result of such changes or for security, legal, technical, operational or business reasons.

8.3 Connected Accounts and Third-Party Services

“Third-Party Account” means an account, workspace, developer account or other credentialed access held by or on behalf of the Customer with a Third-Party Service and connected to the Service.

Where the Customer connects an app store, digital distribution platform or other Third-Party Account to the Service, the Customer remains responsible for that Third-Party Account and for compliance with the applicable Third-Party Service's terms, policies, permissions and technical requirements.

The Customer authorises the Provider to access and use the connected Third-Party Account only to the extent reasonably necessary to provide the Service and perform functions initiated, enabled or configured by the Customer.

The Customer must not grant, configure or maintain API scopes, permissions, credentials or access rights for the Provider that exceed those expressly requested through the Service, the applicable integration flow or AppReply documentation, except where broader access is technically required by the applicable Third-Party Service and has been expressly identified by the Provider.

If the Customer grants broader permissions than requested, the Provider is not required to use, monitor or manage such additional permissions and may require the Customer to revoke or reduce them.

The Customer is responsible for maintaining valid credentials, permissions and authorisations necessary for connected integrations and for promptly updating or reconnecting them where they expire, are revoked or otherwise cease to function.

The Provider may restrict, suspend or disable a connected integration where reasonably necessary because of expired or excessive permissions, security concerns, legal or regulatory requirements, changes to a Third-Party Service, or non-compliance with applicable Third-Party Service requirements.

The Customer may disconnect a connected Third-Party Account through available account settings or by contacting the Provider, where such functionality is supported.

Disconnecting, restricting or losing access to a Third-Party Account may limit or disable features of the Service that depend on that connection.

The Provider does not control and is not responsible for actions, omissions, data or decisions of a Third-Party Service, including:

• a. rejection, removal, delay or modification of a reply or other submitted content;
• b. suspension, restriction or termination of the Customer's developer, app-store or other third-party account;
• c. delays, failures or interruptions in publishing, retrieving, synchronising or updating Platform Data;
• d. changes to data availability, APIs, permissions, authentication methods, functionality, terms or policies;
• e. rate limits, quotas or other technical restrictions;
• f. inaccurate, incomplete, outdated, delayed or unavailable information supplied by the Third-Party Service;
• g. expiration, revocation or modification of credentials, tokens or permissions; or
• h. any other action or change by a Third-Party Service that affects the availability or operation of the Service.

The Provider does not guarantee that any particular Third-Party Service, integration, data source, API or functionality dependent on a Third-Party Service will remain available, accurate, complete or unchanged throughout the Customer's subscription period.

8.4 Third-Party AI and Infrastructure Providers

Certain features of the Service may rely on third-party artificial-intelligence, infrastructure, hosting, database, authentication, integration or other technical providers.

AI Output may be generated, analysed or otherwise Processed using authorised third-party artificial-intelligence providers as part of the Service.

The Provider may select, replace or change such providers where reasonably necessary to operate, secure, maintain, improve or develop the Service.

The Provider does not guarantee the uninterrupted availability or performance of any individual third-party provider.

The Provider's Processing of Personal Data as an independent Controller is described in the AppReply Privacy Policy. Where the Provider acts as a processor, or as a sub-processor to the Customer, on behalf of a Customer, such Processing is governed by the DPA.

8.5 Third-Party Links and Content

The Service or AppReply website may contain links to websites, documentation, products or content provided by third parties.

The Provider does not control and does not endorse such third-party websites or content merely by linking to them.

To the fullest extent permitted by applicable law, the Provider is not responsible for loss or damage resulting from the Customer's use of or reliance on third-party websites, products, services or content outside the Service.

The Customer accesses and uses third-party websites and services at its own risk and subject to the applicable third party's terms and policies.

9. Service Management and Protective Measures

9.1 Management of the Service

The Provider reserves the right to manage, operate, maintain and protect the Service as reasonably necessary for its business, security and technical operation.

Without limiting any other rights under these Terms, the Provider may:

• a. monitor use of the Service for security, operational, abuse-prevention and compliance purposes;
• b. investigate suspected violations of these Terms, applicable law or third-party platform requirements;
• c. restrict, disable or suspend particular features, integrations, accounts or access where reasonably necessary to protect the Provider, its systems, its customers, third parties or the integrity of the Service;
• d. remove, disable or restrict Customer Content, files, configurations or other materials that violate these Terms, create security or legal risk, exceed applicable technical or storage limits, or materially interfere with the operation of the Service;
• e. apply or modify reasonable technical limits, including usage limits, rate limits, storage limits, API limits and other safeguards necessary to protect or operate the Service;
• f. take measures to prevent fraud, abuse, unauthorised access, circumvention of subscription limits or misuse of the Service;
• g. cooperate with lawful requests from courts, regulators, law-enforcement authorities or other competent authorities where required by applicable law; and
• h. take any other reasonably necessary action to protect the rights, property, security, availability or proper operation of the Provider and the Service.

9.2 Emergency and Protective Action

The Provider may take immediate action without prior notice where reasonably necessary to address security incidents, fraud, abuse, unauthorised access, legal or regulatory requirements, material disruption, misuse of Third-Party Services, or other material risk to the Provider, its customers or third parties. Such action may include restricting access, disabling integrations, limiting functionality, revoking credentials or suspending an account.

9.3 Service Resources and Excessive Use

The Customer must not use the Service in a manner that places unreasonable or disproportionate demands on the Provider's systems or infrastructure.

The Provider may apply technical restrictions or require the Customer to reduce or modify usage where the Customer's use materially exceeds the limits of its subscription, adversely affects the Service, creates unusual infrastructure costs or risks affecting other customers.

The Provider may require the Customer to move to a different plan or separately agreed commercial arrangement where continued usage materially exceeds the scope or limits of the Customer's existing subscription.

9.4 No Obligation to Monitor Customer Content

The Provider may monitor or review activity where reasonably necessary for security, support, compliance or operation of the Service, but is not obligated to monitor, review, verify or approve Customer Content, Platform Data or AI Output.

The absence of monitoring or enforcement in a particular case does not waive the Provider's right to enforce these Terms in the future.

9.5 Effect of Protective Measures

Temporary restriction, suspension or limitation of the Service under this Section does not relieve the Customer of payment obligations that arose before or during the relevant period.

Unless required by applicable law or expressly agreed by the Provider in writing, the Customer is not entitled to a refund or credit where restrictions or suspension result from the Customer's breach of these Terms, misuse of the Service, security risk, fraud, unauthorised activity or circumstances attributable to the Customer or its authorised users.

10. Privacy and Data Protection

The Provider Processes Personal Data in accordance with applicable data-protection law. The AppReply Privacy Policy describes how the Provider Processes Personal Data where it acts as an independent Controller.

Where the Provider Processes Customer Personal Data on behalf of a Customer in connection with the Service, such Processing is governed by the DPA.

The Customer is responsible for ensuring that it has an appropriate legal basis and all necessary rights, notices, permissions and authorisations for Personal Data that it provides to, connects to, or instructs the Provider to Process through the Service.

The Customer is responsible for determining whether its use of the Service complies with the data-protection and privacy laws applicable to the Customer and its activities.

The Provider may use Subprocessors and other service providers in connection with the operation of the Service in accordance with the DPA and applicable data-protection law.

Where Personal Data is transferred internationally, the Provider will use applicable transfer mechanisms and safeguards where required by law.

The Customer must not instruct the Provider to Process Personal Data in a manner that violates applicable data-protection law or the DPA.

Where the Provider considers a Customer instruction to violate applicable data-protection law, the Provider may take the measures permitted under the DPA, including suspending the affected Processing until the issue is resolved.

Nothing in these Terms creates additional contractual data-protection obligations beyond those imposed by applicable law, the DPA or another written agreement expressly accepted by the Provider.

11. Intellectual Property Complaints

If the Provider receives a credible claim that Customer Content or other material processed through the Service infringes a third party's intellectual property rights, the Provider may request additional information, restrict access to the relevant material, remove or disable it, or take other reasonably necessary protective measures.

The Provider may take such action without admitting liability and is not required to determine the final ownership, validity or infringement of disputed intellectual property rights.

The Customer is responsible for ensuring that Customer Content and materials provided through the Service do not infringe third-party rights.

Where a Customer repeatedly or materially infringes third-party intellectual property rights, or where continued use creates material legal risk for the Provider, the Provider may restrict, suspend or terminate the Customer's access to the Service without entitlement to a refund or credit, except where required by applicable law.

12. Term and Termination

12.1 Term

These Terms remain in effect for as long as the Customer accesses or uses the Service or has an active account, subscription or other commercial arrangement with the Provider.

Cancellation of a subscription is governed by Section 5 and does not by itself terminate these Terms until the Customer's access to the Service ends.

12.2 Termination or Suspension by the Provider

The Provider may restrict, suspend or terminate the Customer's access to all or part of the Service where:

• a. the Customer materially breaches these Terms, the DPA, an Order Form or another applicable agreement;
• b. fees remain unpaid when due;
• c. the Customer's use creates or may create a material security, legal, operational, financial or reputational risk;
• d. the Provider reasonably suspects fraud, abuse, unauthorised activity or misuse of the Service;
• e. continued provision of the Service would violate applicable law, sanctions, export controls, trade restrictions, a binding legal requirement, or restrictions applicable to a critical Third-Party Service necessary to provide the Service, including an artificial-intelligence provider;
• f. the Customer repeatedly violates applicable usage, account, permission or technical limits; or
• g. the Provider is otherwise entitled to suspend or terminate access under these Terms.

The Provider may take immediate action without prior notice where reasonably necessary for security, legal, sanctions, fraud-prevention, abuse-prevention or service-integrity reasons.

Where the circumstances reasonably allow, the Provider may provide the Customer with an opportunity to remedy a breach before permanent termination.

12.3 Termination for Customer Breach

Where the Provider suspends or terminates the Service because of the Customer's breach, misuse, non-payment, fraud, unauthorised activity or other circumstances attributable to the Customer or its authorised users:

• a. the Customer remains responsible for all fees and amounts already due;
• b. termination does not create any right to a refund or credit for fees already paid; and
• c. the Provider may prevent the Customer from creating replacement accounts to circumvent the termination.

12.4 Termination by the Provider Without Customer Breach

The Provider may suspend, restrict or terminate any free account or any access to features or limits normally available under a paid or premium plan where the Customer has paid no subscription fee for the applicable subscription period, at any time, with or without cause and without prior notice, to the extent permitted by applicable law.

Such free or complimentary access does not entitle the Customer to any refund, credit, compensation or continued access.

The Provider may also terminate a paid subscription for reasons unrelated to the Customer's breach, misuse or other circumstances attributable to the Customer. Where the Customer has paid any positive subscription fee for the applicable subscription period, including a reduced or discounted amount, the Customer's sole and exclusive remedy for such termination will be a prorated refund of the amount actually paid for the unused portion of that subscription period.

Where Section 6.3 or Section 14.1 of the DPA provides that a termination is to be treated as a termination by the Provider without Customer breach, this Section applies to that termination.

Termination of a free account under this Section does not affect the Customer's rights under Section 12 of the DPA.

The Provider will have no further liability arising solely from termination under this Section, subject to any liability that cannot lawfully be excluded or limited.

12.5 Discontinuation of the Service

The Provider may discontinue the Service, a subscription plan, or a material part of the Service for business, technical, legal or operational reasons.

Where reasonably practicable, the Provider may provide advance notice of a material discontinuation affecting a paid Service.

If such discontinuation results in termination of a Customer's access, Section 12.4 will apply unless the discontinuation results from circumstances attributable to the Customer or another provision of these Terms applies.

12.6 Effect of Termination

Upon termination or expiration of the Customer's access:

• a. the Customer's right to access and use the affected Service ends;
• b. connected integrations may be disconnected;
• c. the Provider may disable the Customer's account, and will delete or return the Customer's associated data in accordance with Section 12 of the DPA and any retention required by applicable law;
• d. outstanding payment obligations remain due; and
• e. provisions of these Terms that by their nature are intended to survive termination will continue to apply.

The Customer is responsible for exporting or retaining any Customer Data it wishes to keep before termination or expiration or during the Retrieval Period described in Section 12 of the DPA, where export functionality is made available through the Service.

12.7 Survival

Sections 2, 4, 5.3, 7.2, 7.3, 7.8, 8.1, 12.3, 12.6, 12.7, 14, 15, 16, 17, 18, 19, 20 and 21, together with the DPA to the extent provided in Section 14.5 of the DPA, and any other provisions that by their nature should survive termination, will remain in effect after termination.

13. Service Changes and Availability

13.1 Changes to the Service

The Provider may modify, update, replace, add, remove or discontinue features, integrations, plans, website content, documentation or other parts of the Service for technical, security, legal, operational or business reasons.

The Provider does not guarantee that any particular feature, integration or functionality will remain available indefinitely and is not obligated to provide any specific update, correction, release or new feature unless expressly agreed in writing.

Information on the AppReply website, Service or documentation may contain errors, inaccuracies or omissions. The Provider may correct, update or remove such information at any time without prior notice, including information relating to features, descriptions, availability and other non-contractual information.

Except where required by applicable law or an applicable agreement, the Provider is not obligated to keep non-contractual informational content continuously updated.

Where reasonably practicable, the Provider may provide advance notice of material changes affecting the core functionality of a paid Service.

13.2 Availability and Service Levels

The Provider aims to provide a reliable Service but does not guarantee uninterrupted, error-free or continuously available operation unless a specific service level commitment has been expressly agreed in writing.

The Service may be unavailable, delayed or interrupted due to maintenance, technical issues, third-party services, infrastructure failures, security incidents, network conditions, legal requirements or other circumstances.

Any uptime, availability or performance figures displayed on the AppReply website or documentation are informational or historical and do not constitute a contractual SLA unless expressly agreed in writing.

Temporary downtime, delays, interruptions or partial loss of functionality do not by themselves constitute a breach of these Terms or create a right to a refund, credit or other compensation.

Changes, interruptions or temporary unavailability resulting from Third-Party Services, legal requirements, security concerns or circumstances outside the Provider's reasonable control do not by themselves create a right to a refund, service credit or other compensation unless required by applicable law or expressly agreed by the Provider in writing.

Where the Provider permanently terminates a paid subscription or discontinues the Service in circumstances covered by Section 12.4 or Section 12.5, the refund provisions of Section 12.4 will apply.

Any liability relating to availability, interruption or changes to the Service remains subject to Section 16.

14. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to the Service are governed by the laws of Norway, without regard to conflict-of-law principles.

The parties should first attempt in good faith to resolve any dispute through direct written communication.

Any dispute that cannot be resolved amicably shall be subject to the exclusive jurisdiction of Oslo District Court (Oslo tingrett), Norway, as the agreed legal venue, subject to mandatory applicable law.

Nothing in this Section prevents the Provider from pursuing overdue payments, debt collection, interim or injunctive relief, protection of intellectual property or confidential information, or other urgent legal remedies without first completing informal negotiations.

15. Disclaimer

To the fullest extent permitted by applicable law, the Service is provided on an “as is” and “as available” basis.

The Provider does not warrant that the Service will be uninterrupted, error-free, completely secure or free from defects, or that all errors or defects will be corrected.

The Provider does not warrant or guarantee the accuracy, completeness, timeliness, availability, uniqueness, legality or suitability of Platform Data, AI Output, analytics, classifications, recommendations, summaries, benchmarks, insights or other information provided or generated through the Service.

Platform Data may originate from Third-Party Services and may be incomplete, inaccurate, delayed, unavailable or changed without notice.

The Customer is responsible for evaluating the suitability of the Service and for determining whether and how to rely on, use, publish or act upon Platform Data, Customer Content, AI Output, analytics or other information provided through the Service.

To the fullest extent permitted by applicable law, the Provider disclaims all warranties, representations and conditions, whether express, implied or statutory, including warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement, except where expressly stated in these Terms or another written agreement with the Provider.

The Provider does not warrant or guarantee the availability, performance, accuracy or continued operation of Third-Party Services on which parts of the Service may depend.

Nothing in this Section excludes any warranty or obligation that cannot lawfully be excluded or limited.

16. Limitation of Liability

16.1 Exclusion of Indirect Losses

To the fullest extent permitted by applicable law, the Provider will not be liable for any indirect, incidental, special, consequential or similar loss arising out of or relating to the Service, these Terms or any related agreement.

This includes, without limitation, loss of profits, revenue, business opportunities, anticipated savings, goodwill, reputation, business interruption, or loss or corruption of data, to the extent such losses may lawfully be excluded.

This limitation applies regardless of the legal basis of the claim and whether or not the Provider was advised of the possibility of such loss.

16.2 Maximum Aggregate Liability

To the fullest extent permitted by applicable law, the total aggregate liability of the Provider arising out of or relating to the Service, these Terms, or any related claim will not exceed the lesser of (i) the total fees actually paid by the Customer during the twelve (12) months immediately preceding the event giving rise to the claim, or (ii) USD 10,000, unless a different liability cap is expressly stated in an applicable Order Form or other written agreement signed by the Provider.

If the Customer has used the Service for less than twelve months, only the fees actually paid during that shorter period will be taken into account for purposes of subsection (i) above.

The applicable liability cap applies collectively to all claims arising from the same or related events and is not increased by the number of claims, affected users, applications, data records, incidents, security incidents or legal theories asserted. Events are related where they arise from the same incident, root cause, security event or series of connected circumstances, regardless of the number of obligations engaged or the period over which their consequences occur. Amounts paid by the Provider in respect of an earlier claim reduce the amount available for any later claim arising from the same or related events.

Where an Order Form or other written agreement expressly specifies a separate liability cap, that cap will prevail over this Section only to the extent expressly stated in that document.

16.3 Specific Risks

Without limiting Sections 16.1 and 16.2, the Provider is not liable for losses resulting from:

• a. Customer Data, Customer Content, Customer instructions or AI Output used, relied upon or published by the Customer;
• b. automatic replies or other actions performed in accordance with settings, instructions, automation rules or configurations selected or enabled by the Customer;
• c. unauthorised use of the Customer's account resulting from the Customer's failure to protect credentials, devices or authorised-user access;
• d. actions, omissions, outages, restrictions, errors, changes or discontinuation of Third-Party Services, except to the extent the Provider is responsible for a Subprocessor's Processing of Customer Personal Data under Section 6.4 of the DPA, which responsibility remains subject to Sections 16.1 and 16.2;
• e. suspension, restriction or termination of the Service permitted under these Terms;
• f. the Customer's failure to comply with applicable laws, regulatory requirements, Third-Party Service requirements or third-party rights; or
• g. circumstances attributable to the Customer, its authorised users, connected accounts, systems or third-party providers.

16.4 Duty to Mitigate Loss

The Customer must take reasonable steps to prevent and mitigate any loss arising in connection with the Service, including maintaining appropriate internal controls, reviewing material automated activity where appropriate, protecting account and integration access, and promptly notifying the Provider of material errors, unauthorised access or other issues that may cause or increase loss.

The Provider is not responsible for any portion of a loss that could reasonably have been avoided or reduced by the Customer taking such measures.

16.5 Mandatory Liability

Nothing in these Terms excludes or limits liability to the extent that such liability cannot lawfully be excluded or limited under applicable law.

The exclusions and limitations in this Section apply to the maximum extent permitted by applicable law.

17. Indemnification

The Customer will defend, indemnify and hold harmless the Provider and its owners, directors, officers, employees, contractors, representatives and service providers from third-party claims, liabilities, damages, losses, penalties, costs and reasonable legal expenses arising out of or relating to:

• a. Customer Data, Customer Content, Platform Data used or provided by the Customer, or other materials provided or made available by or on behalf of the Customer;
• b. the Customer's breach of these Terms, an Order Form, the DPA or applicable law;
• c. the Customer's infringement or violation of any third-party right, including intellectual property, privacy or data-protection rights;
• d. the Customer's unauthorised access to or use of any Third-Party Account, integration, data, credentials or other third-party resource;
• e. the Customer's instructions, configurations, automation rules or use of the Service, including content published or actions performed through connected accounts in accordance with settings enabled by the Customer;
• f. fraud, misuse, unlawful activity or other wrongful conduct by the Customer or its authorised users;
• g. the Customer's violation of the terms, policies, permissions or technical requirements of any connected Third-Party Service; or
• h. any claim by a third-party controller for whom the Customer acts as processor, to the extent set out in Section 13.5 of the DPA.

The Provider will use reasonable efforts to notify the Customer of a claim for which indemnification is sought.

The Provider may, at the Customer's expense, assume control of the defence of any claim that may materially affect the Provider or any other party entitled to indemnification under this Section. The Customer must reasonably cooperate with the defence of such claim.

The Customer may not settle a claim in a manner that imposes liability, obligations, restrictions, admissions or non-monetary remedies on the Provider or any other party entitled to indemnification under this Section without the Provider's prior written consent.

The Customer's obligations under this Section are separate from and are not limited by the limitations on the Provider's liability set out in Section 16.

18. Data Storage and Backups

The Provider may store Customer Data as reasonably necessary to provide the Service and in accordance with Section 12 of the DPA and any retention required by applicable law.

The Customer is responsible for maintaining copies of information it is required to retain for its own business, legal or regulatory purposes.

The Provider may use backup, redundancy and recovery measures but does not guarantee that any particular Customer Data can always be recovered, restored or retained unless expressly agreed in writing.

Upon termination or expiration, Customer Data will be deleted or returned in accordance with Section 12 of the DPA and any retention required by applicable law. Where export functionality is available, the Customer is responsible for exporting data it wishes to retain before access ends or during the Retrieval Period described in Section 12 of the DPA.

19. Electronic Communications and Agreements

The Customer agrees that communications, notices, agreements, invoices and other documents relating to the Service may be provided electronically, including by email, through the Service, or through an applicable billing or contracting platform.

Electronic acceptance of these Terms, an Order Form or another agreement has the same effect as acceptance in writing, to the extent permitted by applicable law.

The Customer is responsible for keeping its contact and billing information current and for monitoring the email addresses and accounts it provides to the Provider.

Where the Provider sends a notice to the Customer's designated email address or makes it available through the Service, the notice will be considered delivered when sent or made available, unless applicable law requires otherwise.

20. Confidentiality

Each party may receive non-public information relating to the other party's business, technology, products, security, operations, customers or commercial arrangements (“Confidential Information”).

The receiving party must use Confidential Information only as necessary in connection with the Service or the parties' business relationship and must not disclose it to third parties except as permitted under this Section.

Confidential Information does not include information that the receiving party can demonstrate:

• a. is or becomes publicly available without breach of these Terms;
• b. was lawfully known to the receiving party without confidentiality obligations before disclosure;
• c. is received lawfully from a third party without confidentiality restrictions; or
• d. is independently developed without use of the other party's Confidential Information.

The Provider may disclose Customer Confidential Information to its personnel, contractors, professional advisers and service providers who reasonably need access to it for the operation, support, security or provision of the Service, provided they are subject to appropriate confidentiality obligations.

Either party may disclose Confidential Information where required by applicable law, court order or competent authority. Where legally permitted and reasonably practicable, the receiving party may notify the other party before making such disclosure.

The Customer must not disclose or use non-public technical, security, commercial or product information relating to the Provider for competitive purposes, unauthorised security testing, replication of the Service or any purpose unrelated to its permitted use of the Service.

The confidentiality obligations in this Section continue after termination of the Customer's use of the Service for as long as the information remains confidential or otherwise protected under applicable law.

21. General Terms

21.1 Changes to These Terms

The Provider may update these Terms from time to time.

Non-material changes, clarifications and changes required for legal, security, technical or operational reasons may take effect when the updated Terms are published.

Where a change materially affects the contractual rights or obligations of an existing Customer, the Provider will provide reasonable prior notice by email to the Customer's designated contact address, through the Service, or by another reasonable electronic method.

Unless required by law, necessary for security or abuse prevention, or otherwise expressly agreed, material changes will not retroactively alter fees or commitments already paid for an existing prepaid subscription period.

Where applicable law requires the Customer's affirmative acceptance of a change, the Provider will require the Customer to accept the updated Terms before continuing to use the affected part of the Service. Where the Provider otherwise considers affirmative acceptance appropriate for a material contractual change, it may require it.

Continued use of the Service after the effective date of updated Terms constitutes acceptance of the updated Terms.

Updates to the DPA are governed by Section 14.4 of the DPA. An update to these Terms does not amend the DPA unless the updated DPA is separately published in accordance with Section 14.4 of the DPA.

These Terms are prepared in English. Any translation is provided for convenience only. In the event of any inconsistency, the English version will prevail to the extent permitted by applicable law.

Except for persons expressly entitled to protection or indemnification under these Terms, these Terms do not grant rights or remedies to any person other than the Provider and the Customer.

21.2 Entire Agreement and Order of Precedence

These Terms, together with any applicable Order Form, invoice, checkout terms, the DPA and any other written agreement expressly accepted by the Provider, constitute the entire agreement between the Provider and the Customer concerning the Service and supersede all prior or contemporaneous proposals, representations and communications on that subject.

In the event of a conflict, the following order of precedence applies, from highest to lowest:

• a. the Standard Contractual Clauses as defined in the DPA, or another mandatory international-transfer instrument, where applicable, to the extent required by their terms;
• b. the DPA, solely with respect to the Processing and protection of Customer Personal Data, but excluding any provision governing fees, charges, costs, refunds, limitations or exclusions of liability, indemnification or intellectual property, which are governed by paragraphs (c) to (e) below even where they appear in the DPA;
• c. a separately signed agreement or Order Form, to the extent of the conflict;
• d. an applicable invoice or checkout, for the agreed price, currency, plan and billing period only; and
• e. these Terms, in all other respects.

Fees, charges and costs expressly provided for in the DPA, including assistance fees, audit costs and data return or export fees, are agreed fees for purposes of Section 4.1 and this Section.

References in these Terms to a Section are references to a Section of these Terms, and not of the DPA or any other document forming part of the agreement, unless expressly stated otherwise.

Marketing materials, website content, documentation, demonstrations, proposals or other communications do not modify these Terms unless expressly incorporated into a written agreement accepted by the Provider.

21.3 Customer-Supplied Documents

This Section applies to any document supplied, referenced or made available by or on behalf of the Customer, including a purchase order, procurement or supplier portal and its terms of use, vendor registration or onboarding form, supplier code of conduct, security or privacy questionnaire, information-security requirements or addendum, data processing agreement or data protection addendum, standard contractual clauses package, service level agreement, insurance or indemnity requirement, audit or assessment protocol, master services agreement, rider, exhibit, schedule, click-through or pre-printed terms, and any other procurement, vendor-management, legal or compliance document (each, a “Customer Document”).

A Customer Document may be used for administrative and payment purposes only. No Customer Document, and no term contained in or referenced by a Customer Document, modifies, supplements, replaces or adds to these Terms, the DPA, any Order Form or any other agreement between the parties, and all such terms are expressly rejected, unless the Provider has expressly accepted them in a separate written agreement that identifies the Customer Document by name and date and is signed by the Provider. Acceptance by electronic signature satisfies this requirement; acceptance by email, by completing a form or questionnaire, by clicking through a portal, or by any other means does not.

None of the following constitutes acceptance of any term of a Customer Document: completing a questionnaire or assessment; providing security, privacy or compliance information; participating in a procurement, vendor-review, onboarding or registration process; registering in or accepting the terms of a supplier portal; receiving, acknowledging or referencing a purchase order; issuing an invoice; providing the Service; or receiving payment.

Where an individual acting for the Provider purports to accept a Customer Document otherwise than as required by this Section, that acceptance is of no effect and the Customer may not rely on it.

This Section applies notwithstanding Section 19 and notwithstanding any provision of a Customer Document stating that it prevails, that silence or performance constitutes acceptance, or that it may only be varied in a particular way.

21.4 Assignment and Business Reorganisation

The Customer may not assign, transfer or delegate these Terms, its subscription or its rights or obligations under them without the Provider's prior written consent.

The Provider may assign or transfer all or part of its rights and obligations under these Terms in connection with an incorporation, corporate reorganisation, merger, acquisition, sale or transfer of the AppReply business or assets, or to another entity that succeeds to or continues the AppReply business.

The Customer agrees in advance to such transfer, provided that the successor assumes the applicable obligations of the Provider. The Provider may notify the Customer electronically of the change in contracting entity.

21.5 Force Majeure

The Provider will not be liable for delay, interruption or failure to perform resulting from circumstances beyond its reasonable control, including failures of internet or telecommunications networks, cloud or infrastructure providers, Third-Party Services, governmental actions, natural disasters, labour disputes, widespread cyber incidents, war, civil unrest or similar events.

The Provider will use commercially reasonable efforts to restore affected operations where practicable.

A force majeure event does not relieve the Customer of payment obligations that became due before the event.

21.6 Waiver and Severability

The Provider's failure or delay in exercising any right or enforcing any provision of these Terms does not waive that right or provision.

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be limited or removed only to the extent necessary, and the remaining provisions will remain in effect.

21.7 Relationship of the Parties

These Terms do not create any partnership, joint venture, employment, franchise, fiduciary or agency relationship between the Provider and the Customer.

Neither party has authority to bind the other except as expressly provided in these Terms or another written agreement.

21.8 Future Features

The Customer's purchase or continued use of the Service is not contingent on the delivery of any future functionality, feature, integration or product development unless expressly agreed in a written agreement signed by the Provider.

Any statements regarding planned or potential future functionality, development plans, roadmaps or release dates are informational only and may change at the Provider's discretion.

21.9 Claims and Notice

The Customer must notify the Provider in writing without undue delay after becoming aware, or when it reasonably should have become aware, of any alleged breach, defect, loss or other circumstance that may give rise to a claim against the Provider.

Where the matter is capable of remedy, the Customer must provide the Provider with a reasonable opportunity to investigate and remedy the matter before pursuing damages or other remedies.

Failure to provide timely notice may reduce or exclude the Customer's remedies to the extent permitted by applicable law, particularly to the extent that the delay increased the loss or prevented the Provider from investigating or remedying the matter.

22. Contact Information

The Service is provided by:

Rasliak Labs
Organisation number: 935 367 352
VAT number: NO 935 367 352 MVA
Bøkkerveien 16A
0579 Oslo
Norway

Questions or legal notices relating to these Terms may be sent to help@appreply.co.