Terms of Use

By accessing or using Apertur (the "Service"), you agree to be bound by these Terms of Use ("Terms"). If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, do not use the Service.

Age Requirement: You must be at least 16 years of age to create an account and use the Service.

One Account Per Entity: Each individual or legal entity may maintain only one account. Creating multiple accounts to circumvent plan limits or obtain additional free-tier resources is strictly prohibited and constitutes a material breach of these Terms.

Free Tier Restriction: Each individual or legal entity is entitled to no more than one free-tier account and one free-tier project. Creating more than one free-tier account or project per entity — whether through different email addresses, different payment methods, or any other means — is strictly prohibited. We reserve the right to suspend or permanently terminate all such accounts without prior notice, and to recover any value obtained through such circumvention.

Accurate Information: You agree to provide accurate, current, and complete information when creating your account and to keep this information updated.

Account Security: You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.

Mobile Phone Verification: A valid mobile phone number is required during registration and must be verified via SMS. Each phone number may only be associated with one account. Your mobile number is used for account identification and security purposes and may not be shared across multiple accounts.

Apertur provides a platform that allows developers to integrate mobile photo collection into their applications without requiring users to install a native app. Core features include: (a) API-driven upload session creation and management; (b) QR code-based mobile interface for end users to capture and edit photos in the browser; (c) flexible image delivery via webhooks or long polling; (d) a dashboard for project management, API key management, and session monitoring. The Service is provided "as is" and features may be added, modified, or removed at our discretion.

Free Tier: The free tier provides limited functionality including one project, a limited number of sessions per month, and limited images per session. Free tier accounts are subject to the one-account-per-entity restriction described above.

Paid Plans: Paid plans are billed monthly through Stripe. By subscribing to a paid plan, you authorize us to charge your payment method on a recurring basis. Prices are shown in US dollars (USD) unless otherwise indicated.

Upgrades and Downgrades: Plan changes take effect at the start of the next billing period, except for upgrades, which may take effect immediately at prorated cost.

Failed Payments: If a payment fails, we will retry according to our billing policy. If payment remains outstanding, we reserve the right to downgrade or suspend your account.

Refunds: We do not provide refunds for partial months or unused service, except as required by applicable law.

You agree not to use the Service to:

(a) Upload, transmit, or process any content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable;

(b) Upload, transmit, or process any content that infringes the intellectual property rights, privacy rights, or other legal rights of any third party;

(c) Upload, transmit, or process child sexual abuse material (CSAM) or any sexualized depictions of minors — this is grounds for immediate account termination and referral to law enforcement;

(d) Abuse or circumvent API rate limits, session limits, or image limits through automated means, multiple accounts, or any other method;

(e) Use the Service in any manner that could disable, overburden, damage, or impair it;

(f) Attempt to gain unauthorized access to any part of the Service, other accounts, or our infrastructure;

(g) Resell or sublicense access to the Service without our prior written consent;

(h) Use the Service in violation of any applicable law or regulation.

Your use of the Service is also governed by our Privacy Policy, available at /privacy, which is incorporated into these Terms by reference. You are responsible for ensuring that your use of the Service complies with applicable privacy laws with respect to any personal information you collect from your end users through upload sessions.

User-Initiated Deletion: You may delete your account at any time from your account settings. Account deletion is subject to a 30-day grace period during which your data is retained and the deletion can be cancelled. After this grace period, your account and all associated data are permanently deleted.

Project Deletion: You may delete a project immediately or schedule it for deletion at the end of the current billing month. Deletion of a project is permanent and cannot be undone.

Suspension for Violations: We reserve the right to suspend or terminate your account immediately and without prior notice if we determine, in our sole discretion, that you have violated these Terms. Grounds for immediate suspension include but are not limited to: creation of multiple free-tier accounts, uploading illegal content, API abuse, and non-payment.

Inactivity: Accounts that have been inactive for 6 consecutive months may be automatically deactivated. You will receive notice before deactivation. Deactivated accounts that are not reactivated within 30 days may be permanently deleted.

Effect of Termination: Upon termination, your right to use the Service immediately ceases. We have no obligation to retain your data following termination, subject to our data retention policy.

Our IP: The Service, including its software, design, trademarks, and content, is owned by Apertur and its licensors and is protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

Your Content: You retain ownership of any content you upload or transmit through the Service. By using the Service, you grant us a limited license to process and transmit your content solely as necessary to provide the Service.

Feedback: If you provide feedback or suggestions regarding the Service, we may use them without restriction or compensation to you.

No Uptime Guarantee: The Service is provided "as is" and "as available" without warranty of any kind. We do not guarantee uninterrupted, error-free, or secure access to the Service.

Disclaimer of Warranties: To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Liability Cap: To the maximum extent permitted by applicable law, our total liability to you for any claims arising out of or related to these Terms or the Service shall not exceed the total fees paid by you to Apertur in the 12 months preceding the event giving rise to the claim.

Exclusion of Consequential Damages: In no event shall we be liable for any indirect, incidental, special, exemplary, or consequential damages, including loss of profits, data, business, or goodwill, even if we have been advised of the possibility of such damages.

We may modify these Terms at any time by posting the updated version on our website. We will notify you of material changes by email or by posting a prominent notice. Your continued use of the Service after changes take effect constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

These Terms are governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of the Province of Quebec. You irrevocably submit to the personal jurisdiction of such courts.

If you have questions about these Terms, please contact us at:

Apertur Legal Email: legal@apertur.ca