Terms of Service
The terms that govern your use of Three Apples products, platforms, and digital services.
Terms of Service
1. About Three Apples
Three Apples Systems Inc. is a technology company offering digital products and services, including but not limited to:
Certain services or products may also be subject to separate agreements, statements of work, privacy policies, data processing agreements, or product-specific terms.
- • Student Information System products, including Nexium and Elara
- • Community engagement solutions, including UnityPlus
- • Website design and development
- • Mobile application development
- • Digital marketing services
- • Custom software and bespoke technology solutions
2. Eligibility and Authority
You may use our products and services only if:
If you use our products or services on behalf of a school, company, nonprofit, or other entity, you represent that you are authorized to do so.
- • you are legally capable of entering into a binding agreement; and
- • where acting on behalf of an organization, you have authority to bind that organization.
3. Scope of Services
Three Apples may provide:
The exact scope, timelines, fees, deliverables, and responsibilities for paid work shall be defined in a separate proposal, quotation, service agreement, order form, or statement of work.
- • access to software products or applications;
- • subscription-based platforms;
- • project-based digital services;
- • implementation, integration, configuration, or support services; and
- • strategy, design, development, and marketing services.
4. User Accounts and Access
Where account access is required, users agree to:
You are responsible for activities carried out under your account, except to the extent caused directly by our failure to maintain reasonable security controls. We reserve the right to suspend or terminate access where misuse, unauthorized activity, non-payment, or security concerns arise.
- • provide accurate information;
- • maintain the confidentiality of account credentials;
- • not share accounts unless expressly permitted;
- • notify us promptly of suspected unauthorized access.
5. Acceptable Use
You agree not to:
Violation may result in suspension, termination, and possible legal action.
- • use our products or services for unlawful, fraudulent, or harmful purposes;
- • upload, transmit, or distribute content that is abusive, defamatory, discriminatory, or infringing;
- • interfere with system performance, availability, or security;
- • attempt unauthorized access to any system, account, network, or data;
- • reverse engineer, copy, modify, resell, or exploit our software or services except as expressly permitted; or
- • use our products to violate third-party rights or applicable law.
6. Client Responsibilities
Clients are responsible for:
Delays caused by the client may result in revised timelines and delivery dates.
- • providing accurate information, approvals, and feedback in a timely manner;
- • ensuring that materials, content, data, and instructions provided to Three Apples are lawful and do not infringe third-party rights;
- • maintaining internal security, permissions, and access controls for their own systems and teams;
- • obtaining all necessary consents, permissions, and notices required by law for the collection and use of personal data submitted to our systems or shared with us;
- • reviewing deliverables and raising issues within any agreed review period.
7. Fees, Invoicing, and Payment
Fees for products or services shall be set out in an applicable proposal, quote, order form, subscription plan, or service agreement.
Unless otherwise agreed:
All fees are non-refundable unless otherwise stated in writing.
- • invoices are due within the stated payment term;
- • late payments may result in suspension of work, withholding of deliverables, or suspension of access;
- • recurring subscriptions may renew automatically unless cancelled in accordance with the applicable agreement.
8. Intellectual Property
All intellectual property rights in Three Apples' pre-existing materials, software, frameworks, templates, know-how, processes, designs, and proprietary tools remain the exclusive property of Three Apples or its licensors.
Unless otherwise agreed in writing:
Clients retain ownership of materials, branding, content, and data they provide to Three Apples.
- • clients receive a limited, non-exclusive, non-transferable right to use the deliverables for their intended business purpose;
- • ownership of custom deliverables may transfer only upon full payment, where expressly stated in the applicable agreement;
- • Three Apples retains the right to reuse underlying know-how, code libraries, frameworks, concepts, and non-client-specific components.
9. Third-Party Services and Integrations
Our products and services may rely on or integrate with third-party tools, hosting providers, payment processors, analytics providers, communication tools, ad platforms, or other services.
Three Apples is not responsible for outages, errors, data loss, policy changes, or performance issues caused by third-party providers beyond our reasonable control.
Use of third-party services may also be subject to those providers' own terms and privacy policies.
10. Data & Privacy
Use of our website, products, and services is also governed by our Privacy Policy.
Where Three Apples processes personal data on behalf of a client, school, or organization, that organization will generally act as the data controller, and Three Apples will act as a data processor or service provider.
Three Apples may process data only:
We do not sell personal data.
Requests relating to access, correction, deletion, or other privacy rights should generally be directed first to the organization that controls the data, unless Three Apples is the direct controller in the relevant context.
- • to provide agreed services or products;
- • in accordance with client instructions where applicable; and
- • as otherwise required by law.
11. Service Availability
We aim to provide reliable products and services but do not guarantee uninterrupted or error-free availability.
Services may be temporarily unavailable due to:
We will use commercially reasonable efforts to minimize disruption.
- • maintenance;
- • security updates;
- • technical issues;
- • internet or infrastructure failures;
- • third-party platform outages; or
- • events beyond our reasonable control.
12. Warranties Disclaimer
Except as expressly stated in writing, all products and services are provided on an "as is" and "as available" basis.
To the fullest extent permitted by law, Three Apples disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and uninterrupted availability.
We do not warrant that:
- • services will be error-free at all times;
- • all defects can or will be corrected immediately; or
- • products will meet every client expectation unless expressly agreed in writing.
13. Data Protection & Security Liability
13.1 Shared Responsibility
The protection of data is a shared responsibility between Three Apples, the client organization, and authorized users.
Three Apples is responsible for maintaining the security of the systems, applications, and hosted environments under its control.
Three Apples shall not be responsible for incidents arising from client-side systems, user negligence, credential sharing, phishing, improper permission settings, or unlawful client data practices.
Clients are responsible for:
- • managing internal access and permissions;
- • ensuring lawful collection and sharing of data;
- • securing their own devices, networks, and systems;
- • training their personnel on secure usage;
- • safeguarding exported or downloaded data; and
- • obtaining any legally required consents and notices.
Authorized users are responsible for:
- • keeping login credentials confidential;
- • not sharing accounts or passwords;
- • using systems only as authorized;
- • reporting suspected unauthorized access promptly; and
- • taking reasonable precautions to secure the devices they use.
13.2 Security Measures
Three Apples implements commercially reasonable technical and organizational safeguards designed to protect data against unauthorized access, disclosure, alteration, loss, or destruction.
Such safeguards may include encryption in transit, secure hosting, access controls, logging, backups, and monitoring. However, no method of storage or transmission can guarantee absolute security.
13.3 Security Incidents
Where a confirmed security incident is caused by a failure of systems under Three Apples' control, Three Apples shall notify the affected client without undue delay and provide reasonable cooperation in mitigation efforts.
Where an incident results wholly or partly from client actions, client systems, or user conduct, the client shall bear primary responsibility for internal response, notifications, and compliance obligations, unless otherwise required by law.
13.4 Limitation of Liability for Data Incidents
To the fullest extent permitted by law, Three Apples' aggregate liability for claims arising out of or relating to data protection, privacy violations, or security incidents shall not exceed the fees paid by the client to Three Apples in the twelve (12) months preceding the event giving rise to the claim.
Three Apples shall not be liable for indirect, incidental, consequential, or regulatory losses except to the extent directly caused by its gross negligence or willful misconduct.
13.5 Indemnification by Client
The client agrees to indemnify and hold harmless Three Apples from claims, damages, penalties, or costs arising from:
- • unlawful collection, use, or transfer of data by the client;
- • failure to obtain required consents or permissions;
- • misuse of the platform or services by client personnel or authorized users; or
- • client non-compliance with applicable data protection, education, marketing, or consumer laws.
14. Limitation of Liability
To the fullest extent permitted by law, Three Apples shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of revenue, loss of data, loss of business opportunity, reputational harm, or business interruption.
Three Apples' total aggregate liability under these Terms shall not exceed the total fees paid by the client or customer in the twelve (12) months preceding the event giving rise to the claim.
Nothing in these Terms excludes liability where such exclusion is prohibited by law.
15. Indemnification
You agree to indemnify, defend, and hold harmless Three Apples and its officers, employees, contractors, and affiliates from claims, losses, liabilities, damages, costs, and expenses arising from:
- • your breach of these Terms;
- • your misuse of our products or services;
- • your infringement of third-party rights; or
- • your violation of applicable law.
16. Suspension and Termination
We may suspend or terminate access to products or services if:
- • these Terms are breached;
- • payment obligations are not met;
- • continued access presents a security or legal risk; or
- • required by law or by a binding authority.
Upon termination:
- • access rights may cease immediately;
- • data may be returned, exported, or deleted in accordance with the applicable agreement and law;
- • outstanding fees remain payable.
17. Product-Specific Terms
Certain Three Apples offerings may be governed by separate or additional terms, including:
In the event of a conflict, the product-specific agreement or signed client agreement shall prevail over these general Terms to the extent of that conflict.
- • Nexium
- • Elara
- • UnityPlus
- • subscription software products
- • custom development engagements
- • digital marketing retainers
- • hosting, maintenance, or support arrangements
18. Modifications
We may update these Terms from time to time.
If material changes are made, we may provide notice through our website, product interfaces, or direct communication. Continued use of our products or services after such updates takes effect constitutes acceptance of the revised Terms.
19. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, unless otherwise agreed in writing in a separate client contract.
20. Contact
Three Apples Systems Inc.
Calgary, Alberta, Canada
Email: info@threeapples.ca
Phone: +1 587-707-4816
Website: www.threeapples.ca