Terms of Service

1. Acceptance

These terms govern use of Apify LATAM’s sites and, unless a written contract says otherwise, the products and services we provide from San José, Costa Rica. By using the site, submitting a form, accepting a proposal, or using a product or service of ours, you accept these terms for yourself and, if you act for an organization, with authority to bind it.

If you do not agree, do not use the site or the services. An accepted proposal, statement of work, subscription, or signed contract controls over these terms where they conflict, for that relationship only.

2. Scope of services

We provide professional software and technology work in a broad sense: design and development, sites and commerce, applications, APIs and integrations, process-applied AI, hosting and cloud, consulting, support, and products or subscriptions we make available. The concrete scope of each engagement is what is written (proposal, acceptance email, order, or contract).

The site is informational. Nothing on it is a binding offer, a quote, or a commitment as to uptime, deadline, or result unless we confirm it in writing.

3. Quotes, fees, and payment

Quotes last for the period they state. Fees, milestones, payment terms, and taxes are confirmed in the proposal or invoice. Unless we agree in writing, work does not start or continue while amounts are overdue.

Third parties (infrastructure, licenses, gateways, messaging, clouds, or others) bill on their own or are passed through as agreed. Scope changes, delays that depend on you or a third party, or work outside what is written, are quoted separately.

4. Accounts, access, and materials

You are responsible for the accounts, credentials, environments, and materials you give us or create in our products. You must keep them secure, revoke access when due, and give us only what the work needs.

We may suspend access or a service for non-payment, security risk, unlawful use, or a legal demand. We will give notice when that is reasonable and does not worsen the risk.

5. Your obligations

You agree to:

• Use the sites, products, and deliverables lawfully and in line with these terms and the contract
• Provide accurate information, access, decisions, and content on time
• Hold the rights, licenses, notices, and consents for the data, marks, content, and systems you ask us to handle or connect
• Comply with the terms of any third-party platform or vendor that is part of the work
• Not bypass security, not abuse capacity, and not use the service for fraud, spam, infringement, or harm to others
• Keep copies of what you need to retain, unless the contract expressly makes us responsible for a defined backup

6. Third parties

Much of the work connects to or depends on products, clouds, gateways, messaging, CRMs, ERPs, or other platforms you choose or already run. Those parties are not under our control. Their uptime, pricing, APIs, policies, and failures are theirs. You accept their terms and remain responsible for your accounts with them.

We are not liable for those parties’ acts, omissions, API changes, outages, data loss, or decisions, nor for content you or your users send through them.

7. Intellectual property

The site, our marks, internal methods, templates, and our own products (including subscription software or APIs we sell) remain ours or our licensors’. You receive a non-exclusive, non-transferable, revocable license to use the product on the subscription or contract terms, with no right to copy, decompile, or resell unless we authorize it in writing.

For custom development, title to what is delivered specifically for you is governed by that project’s contract. Unless the contract says otherwise, once paid you receive a license to use the deliverables in your internal operations, and we retain tools, libraries, know-how, and pre-existing or reusable components. Content and data you provide remain yours.

8. Confidentiality

Each party will treat the other’s non-public information received in the work as confidential and will not use it outside that purpose, except information that is public without fault, was already known, comes from a rightful third party, or is required by law or a competent authority. This duty survives termination for a reasonable period, and in any case the period the contract sets.

9. Warranties and as-is

We perform the work with reasonable professional care. Unless agreed in writing, sites, products, and services are provided as-is and as-available. We do not warrant that they will be uninterrupted, error-free, fit for a purpose that is not written, or that they will integrate a third-party system forever.

You accept that software, networks, and third parties fail. Tests, environments, backups, and continuity plans that are not in scope are not included.

10. Limitation of liability

To the fullest extent the law allows, we are not liable for lost profits, lost data, lost business, lost reputation, lost expected savings, or for indirect, incidental, special, or consequential damages, even if we were told they were possible.

Our total aggregate liability for all claims related to the site, a product, or a service will not exceed the amount you paid us for that product or service in the twelve (12) months before the event giving rise to the claim. If there was no payment, the cap is zero. Nothing in these terms excludes liability the law does not allow us to limit (for example, willful misconduct).

11. Indemnity

You will indemnify, defend, and hold us harmless from claims, damages, costs, and reasonable fees arising from: your content or data; use of the deliverables or products by you or your users; your breach of these terms or of the law; or your relationship with third-party platforms, including consents, privacy, and intellectual property in what you instruct us to handle.

12. Suspension and termination

Either party may end an ongoing service on the notice the contract sets or, if none, on reasonable notice. We may end or suspend immediately for material breach, unlawfulness, non-payment, or risk to systems or third parties.

On termination, licenses to our products end unless the contract says otherwise. You must stop using our access and materials. Clauses that by nature should survive (payment, IP, confidentiality, limitation, indemnity, governing law) survive.

13. Governing law and disputes

These terms and any related dispute are governed by the laws of the Republic of Costa Rica, without regard to conflict-of-law rules. The courts of San José, Costa Rica, have jurisdiction, without prejudice to our right to recover debts or seek injunctive relief where you or your assets are found.

14. General

If a clause is held invalid, the rest remains in force. Failure to enforce a right is not a waiver. You may not assign the contract without our written consent; we may assign it to a successor of our business. These terms, together with the privacy policy and any particular contract, are the entire agreement on their subject and replace prior understandings on the same subject.

15. Changes

We may change these terms by posting the new version on this page. The last-updated date marks the current version. Later use of the site or the services, where the law allows, is acceptance. Signed contracts are not changed by this page unless they say they are.

16. Contact

Apify LATAM · San José, Costa Rica · info@apifycr.com