Terms of Service

Last Updated: May 1st, 2026 Document Version: 1.0 Document Classification: Public

These Terms of Service ("Terms") govern your access to and use of the Apollo Deploy website, platform, APIs, and related services (collectively, the "Services"), provided by Apollo Deploy ("Apollo Deploy", "we", "us", or "our").

By accessing or using the Services, you agree to be bound by these Terms. If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization. If you do not agree to these Terms, do not access or use the Services.

These Terms should be read in conjunction with our Privacy Policy, Security & Trust document, and Data Processing Agreement (DPA), all of which are incorporated by reference. In the event of any conflict, the order of precedence shall be: (1) an executed enterprise agreement (if any), (2) these Terms of Service, (3) the Data Processing Agreement, (4) the Security & Trust document, (5) the Privacy Policy.

1. Definitions

For the purposes of these Terms:

• "Account" means a registered user account on the Apollo Deploy platform.
• "Authorized User" means any individual who is authorized by a Customer to access and use the Services under the Customer's Account.
• "Confidential Information" means any non-public information disclosed by either party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.
• "Customer" means any entity or individual that has entered into an agreement with Apollo Deploy to use the Services, including by accepting these Terms.
• "Customer Data" means any data, content, or information submitted, uploaded, transmitted, or generated by a Customer or its Authorized Users through the Services, including data ingested from connected integrations.
• "Documentation" means the user guides, help documentation, API references, and other technical materials made available by Apollo Deploy relating to the Services.
• "Effective Date" means the date on which you first access or use the Services, or the date on which you accept these Terms, whichever is earlier.
• "Fees" means the amounts payable by Customer to Apollo Deploy for use of the Services, as set forth in the applicable order form, pricing page, or enterprise agreement.
• "Intellectual Property Rights" means all patents, copyrights, moral rights, trademarks, trade secrets, and any other intellectual property rights, whether registered or unregistered.
• "Personal Data" has the meaning ascribed to it under applicable data protection law.
• "Services" means the Apollo Deploy platform, website, APIs, integrations, Documentation, and related services as described in Section 2.
• "Subprocessor" means any third-party entity engaged by Apollo Deploy that processes Customer Data on Apollo Deploy's behalf.
• "Subscription Term" means the period during which Customer has paid access to the Services, as specified in the applicable order form or subscription agreement.
• "Third-Party Services" means any software, service, platform, or product not provided by Apollo Deploy that integrates with or is accessed through the Services.

2. Scope of the Services

Apollo Deploy provides a release intelligence platform designed to help organizations manage, analyze, and make decisions about software releases across application stores, backend services, and infrastructure.

The Services may include:

• The Apollo Deploy public website and associated subdomains
• Waitlist and early access programs
• The Apollo Deploy application, dashboard, and APIs
• Integrations with Third-Party Services and platforms
• Documentation, support materials, and knowledge bases
• Customer support and communication channels

2.1 Service Modifications

Apollo Deploy reserves the right to modify, update, or improve the Services at any time. We may:

• Add new features or functionality
• Modify existing features
• Deprecate or remove features with reasonable notice

Where a modification materially reduces the functionality of the Services for which a Customer has paid, Apollo Deploy will provide at least [30] days' advance written notice and, at the Customer's election, either (a) provide a reasonable alternative, or (b) issue a pro-rata refund of prepaid Fees for the affected portion of the Subscription Term.

2.2 Beta and Early Access Features

Certain features may be designated as "beta," "preview," "early access," or similar. Such features:

• Are provided "as is" without warranty or service level commitment
• May be modified or discontinued without notice
• May be subject to additional terms communicated at the time of access
• Should not be relied upon for production use unless explicitly stated

3. Eligibility and Authority

3.1 Age Requirements

You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is greater) to use the Services.

3.2 Organizational Use

If you use the Services on behalf of an organization, you represent and warrant that:

• You have the legal authority to bind that organization to these Terms
• Your organization agrees to be responsible for all use of the Services under its Account, including by all Authorized Users
• You will ensure all Authorized Users comply with these Terms
• You will promptly notify Apollo Deploy if your authority to act on behalf of the organization is revoked or expires

3.3 Prohibited Users

You may not use the Services if:

• You are located in a country subject to comprehensive sanctions by the United States, European Union, United Kingdom, or United Nations
• You are listed on any applicable sanctions or restricted persons list
• Your use of the Services would violate any applicable export control or trade sanctions law

4. Accounts and Access

4.1 Account Creation and Security

Certain features of the Services require Account creation. When you create an Account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your Account information
• Maintain the confidentiality of your credentials, including passwords, API keys, and access tokens
• Immediately notify Apollo Deploy of any unauthorized access to or use of your Account
• Accept responsibility for all activity that occurs under your Account

Apollo Deploy is not liable for any loss or damage arising from your failure to maintain the security of your Account credentials.

4.2 Account Administration

For organizational Accounts:

• The organization designates one or more Account administrators who have elevated permissions
• Administrators are responsible for managing Authorized Users, roles, and permissions within the organization's Account
• Apollo Deploy may communicate with designated administrators regarding the Account

4.3 Waitlist and Early Access

Joining a waitlist or early access program does not guarantee access to the Services. Apollo Deploy may grant, delay, limit, or deny access at its sole discretion and without obligation to provide reasons.

4.4 Account Suspension

Apollo Deploy may suspend access to an Account, in whole or in part, without prior notice if:

• We reasonably believe the Account is being used in violation of these Terms
• The Account poses a security risk to the Services or other users
• Suspension is required by law or legal process
• Fees are overdue by more than [15] days after written notice

We will use reasonable efforts to notify the Account holder of any suspension and the reasons therefor, unless prohibited by law.

5. Fees and Payment

5.1 Pricing

Access to certain features of the Services requires payment of Fees. Current pricing is available on the Apollo Deploy website or as set forth in an executed order form or enterprise agreement.

5.2 Payment Terms

Unless otherwise specified in an order form or enterprise agreement:

• Fees are due in advance of each billing period
• All Fees are quoted and payable in the currency specified at the time of purchase
• Payments are processed through our designated third-party payment processor
• You authorize Apollo Deploy (or its payment processor) to charge the payment method on file for all applicable Fees

5.3 Taxes

All Fees are exclusive of applicable taxes (including VAT, GST, sales tax, and withholding tax) unless explicitly stated otherwise. You are responsible for all applicable taxes, except for taxes assessed on Apollo Deploy's net income.

5.4 Fee Changes

Apollo Deploy may change Fees for the Services upon at least [30] days' advance written notice. Fee changes will take effect at the start of the next Subscription Term following the notice period. If you do not agree to a fee change, you may terminate your subscription before the new Fees take effect.

5.5 Refunds

Fees are generally non-refundable except:

• Where expressly stated in these Terms (e.g., Section 2.1 regarding material service reductions)
• Where required by applicable consumer protection law
• As specified in an executed enterprise agreement
• Where Apollo Deploy terminates Services for reasons other than Customer breach

5.6 Overdue Payments

If Fees remain unpaid for more than [15] days after the due date:

• Apollo Deploy may charge interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law
• Apollo Deploy may suspend access to the Services upon written notice
• Customer remains liable for all accrued Fees during any suspension period

6. Acceptable Use

6.1 General Obligations

You agree to use the Services only in compliance with these Terms, applicable law, and the Documentation. You agree not to, and will ensure that your Authorized Users do not:

• Use the Services for any unlawful, fraudulent, or malicious purpose
• Attempt to gain unauthorized access to any systems, data, or Accounts
• Interfere with or disrupt the integrity, performance, or availability of the Services
• Reverse engineer, decompile, disassemble, or attempt to extract the source code of the Services (except to the extent expressly permitted by applicable law that cannot be contractually waived)
• Use the Services to infringe any third party's Intellectual Property Rights or privacy rights
• Circumvent or attempt to circumvent usage limits, access controls, rate limits, or security measures
• Use the Services to develop a competing product or service
• Resell, sublicense, or redistribute the Services without Apollo Deploy's prior written consent
• Use automated tools (including bots, scrapers, or crawlers) to access the Services except through documented APIs and within applicable rate limits
• Transmit any malicious code, viruses, or harmful components through the Services
• Use the Services to store or transmit material that is illegal, defamatory, or that violates the rights of any third party
• Misrepresent your identity or affiliation when using the Services

6.2 Usage Limits

The Services may be subject to usage limits (including API rate limits, storage limits, and user limits) as specified in the applicable plan, order form, or Documentation. If you exceed applicable usage limits:

• Apollo Deploy may throttle or restrict access to affected features
• Additional Fees may apply for excess usage as specified in the applicable pricing terms
• Apollo Deploy will use reasonable efforts to notify you before or promptly after usage limits are exceeded

6.3 Enforcement

Apollo Deploy reserves the right to investigate suspected violations of these Terms and to take any action deemed appropriate, including:

• Issuing warnings
• Suspending or terminating access
• Removing content that violates these Terms
• Reporting violations to law enforcement where required or appropriate
• Pursuing legal remedies

7. Customer Data and Integrations

7.1 Ownership of Customer Data

You retain all right, title, and interest (including all Intellectual Property Rights) in and to Customer Data. Nothing in these Terms shall be construed as transferring ownership of Customer Data to Apollo Deploy.

7.2 License to Customer Data

You grant Apollo Deploy a limited, non-exclusive, worldwide, royalty-free license to process, store, transmit, and display Customer Data solely to the extent necessary to:

• Provide, operate, and maintain the Services
• Improve and develop the Services (using aggregated and anonymized data only)
• Comply with applicable law
• Fulfill our obligations under these Terms

This license terminates upon deletion of the applicable Customer Data or termination of your Account, whichever is later (subject to backup retention periods specified in our Security & Trust document).

7.3 Customer Data Representations

You represent and warrant that:

• You have all necessary rights, consents, and permissions to submit Customer Data to the Services
• Customer Data does not and will not violate any applicable law, regulation, or third-party right
• Where Customer Data contains Personal Data, you have a lawful basis for its processing and have provided all necessary notices and obtained all necessary consents as required by applicable data protection law
• You have the authority to grant Apollo Deploy the license described in Section 7.2

7.4 Data Processing Agreement

Where Apollo Deploy processes Personal Data on behalf of a Customer as a Processor (as defined in applicable data protection law), such processing is governed by the Data Processing Agreement, which is incorporated by reference into these Terms.

7.5 Integrations with Third-Party Services

The Services may connect to Third-Party Services at your request. With respect to integrations, you acknowledge and agree that:

• You are solely responsible for authorizing and configuring integrations
• You must comply with the terms of service and acceptable use policies of all connected Third-Party Services
• You are responsible for ensuring you have the right to share data from Third-Party Services with Apollo Deploy
• Apollo Deploy accesses Third-Party Services only with your explicit authorization and using the permissions you grant
• Apollo Deploy is not responsible for the availability, accuracy, or security of Third-Party Services
• Apollo Deploy is not liable for any loss or damage arising from your use of Third-Party Services or any interruption in their availability
• You may revoke integration access at any time through the platform settings

7.6 Data Export

During the Subscription Term, you may export your Customer Data from the Services at any time using available export functionality or by submitting a request to Apollo Deploy. Upon termination of your Account, data export and deletion will be handled in accordance with Section 13.

7.7 Data Security

Apollo Deploy will implement and maintain reasonable administrative, technical, and organizational security measures to protect Customer Data as described in the Security & Trust document. Apollo Deploy's security obligations with respect to Customer Data are further specified in the DPA.

8. Intellectual Property

8.1 Apollo Deploy Intellectual Property

The Services, including all software, code, algorithms, designs, user interfaces, content, trademarks, logos, service marks, and Documentation, are owned by or licensed to Apollo Deploy and are protected by applicable Intellectual Property Rights laws.

Subject to these Terms, Apollo Deploy grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services during the Subscription Term solely for your internal business purposes and in accordance with these Terms and the Documentation.

Except as expressly permitted in these Terms, you may not:

• Copy, modify, adapt, or create derivative works of the Services
• Distribute, publicly display, or publicly perform any part of the Services
• Sublicense, lease, rent, or lend the Services to any third party
• Remove, alter, or obscure any proprietary notices or labels on the Services

8.2 Customer Intellectual Property

Except for the limited license granted in Section 7.2, Apollo Deploy acquires no right, title, or interest in or to Customer Data or any of Customer's Intellectual Property Rights.

8.3 Feedback

If you provide Apollo Deploy with feedback, suggestions, enhancement requests, recommendations, or ideas regarding the Services ("Feedback"), you grant Apollo Deploy a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, distribute, and otherwise exploit such Feedback without restriction, attribution, or compensation.

You acknowledge that:

• Feedback is provided voluntarily and without expectation of confidential treatment
• Apollo Deploy is under no obligation to use or implement any Feedback
• Apollo Deploy may already be developing similar ideas independently

Nothing in this section obligates you to provide Feedback.

8.4 Open Source

The Services may incorporate open-source software components. Such components are licensed under their respective open-source licenses, and nothing in these Terms restricts or limits your rights under those licenses or imposes additional obligations beyond those in the applicable open-source licenses.

9. Confidentiality

9.1 Obligations

Each party agrees to:

• Protect the other party's Confidential Information using at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care
• Use Confidential Information only for the purposes of exercising rights or fulfilling obligations under these Terms
• Not disclose Confidential Information to third parties except to personnel, advisors, and Subprocessors who need to know and are bound by confidentiality obligations at least as protective as those in this section

9.2 Exclusions

Confidential Information does not include information that:

• Is or becomes publicly available through no breach of these Terms
• Was known to the receiving party prior to disclosure without restriction
• Is independently developed by the receiving party without reference to the disclosing party's Confidential Information
• Is rightfully received from a third party without restriction

9.3 Required Disclosures

A party may disclose Confidential Information to the extent required by applicable law, regulation, or legal process, provided that (where legally permitted) the disclosing party:

• Provides prompt written notice to the other party
• Reasonably cooperates with efforts to limit the scope of disclosure
• Discloses only the minimum information required

9.4 Duration

Confidentiality obligations under this section survive termination of these Terms for a period of [3] years, except with respect to trade secrets, which remain protected for as long as they qualify as trade secrets under applicable law.

10. Availability, Support, and Service Levels

10.1 Availability

Apollo Deploy uses commercially reasonable efforts to maintain the availability of the Services. However, we do not guarantee uninterrupted, error-free, or continuous availability. The Services may be temporarily unavailable due to:

• Scheduled maintenance (for which we will provide reasonable advance notice where practicable)
• Unscheduled maintenance required to address security vulnerabilities or critical issues
• Factors beyond Apollo Deploy's reasonable control (see Section 16.8, Force Majeure)

10.2 Service Level Agreement

For paid subscriptions, service level commitments (including uptime targets, response times, and remedies for failure to meet service levels) are as set forth in the applicable Service Level Agreement (SLA), which may be published separately or included in an enterprise agreement.

10.3 Support

Apollo Deploy provides support in accordance with the support terms applicable to your subscription plan. Support availability, channels, and response times vary by plan and are described in the Documentation or applicable order form.

11. No Professional or Operational Guarantees

Apollo Deploy provides decision-support tools, not guarantees of outcomes.

You expressly acknowledge and agree that:

• All release decisions remain your sole responsibility
• Recommendations, signals, risk assessments, scores, or analyses provided by the Services are informational only and do not constitute professional advice
• Apollo Deploy does not guarantee release outcomes, software stability, business results, revenue, or any particular performance metric
• You are solely responsible for validating any information provided by the Services before acting upon it
• Apollo Deploy is not a substitute for professional engineering judgment, quality assurance processes, or your own internal decision-making procedures
• The accuracy of information provided by the Services depends in part on the accuracy and completeness of data you provide or make available through integrations

12. Disclaimers

12.1 General Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APOLLO DEPLOY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY
• WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES OF NON-INFRINGEMENT
• WARRANTIES OF TITLE
• WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE SERVICES
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE

12.2 Third-Party Services Disclaimer

Apollo Deploy makes no warranties or representations regarding Third-Party Services, including their availability, accuracy, security, or compatibility with the Services. Your use of Third-Party Services is at your own risk and subject to the applicable third party's terms.

12.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitations on applicable statutory rights of a consumer. In such jurisdictions, the above exclusions and disclaimers shall apply to the fullest extent permitted by applicable law. Nothing in these Terms excludes or limits warranties that cannot be lawfully excluded or limited.

13. Termination

13.1 Termination by You

You may terminate your use of the Services at any time by:

• Closing your Account through the platform settings, or
• Providing written notice to Apollo Deploy at legal@apollodeploy.com

For paid subscriptions, termination takes effect at the end of the current billing period unless otherwise specified. No refund is owed for the remainder of a prepaid billing period unless expressly provided in these Terms or required by applicable law.

13.2 Termination by Apollo Deploy

Apollo Deploy may suspend or terminate your access to the Services, in whole or in part:

• For cause: immediately upon written notice if you materially breach these Terms and fail to cure such breach within [15] days of receiving written notice (or immediately if the breach is not capable of cure)
• For security or legal reasons: immediately and without prior notice if continued access poses a security risk, violates applicable law, or is required by legal process
• For convenience: upon [30] days' written notice, in which case Apollo Deploy will provide a pro-rata refund of any prepaid Fees for the unused portion of the Subscription Term

13.3 Effect of Termination

Upon termination or expiration of these Terms:

• Your right to access and use the Services immediately ceases (except as provided below)
• You remain liable for all Fees accrued prior to the effective date of termination
• Apollo Deploy will make Customer Data available for export for a period of [30] days following termination ("Data Retrieval Period")
• After the Data Retrieval Period, Apollo Deploy will delete Customer Data in accordance with the retention and deletion procedures described in the Security & Trust document and DPA
• Upon written request during the Data Retrieval Period, Apollo Deploy will provide Customer Data in a standard, machine-readable format

13.4 Survival

The following sections survive termination or expiration of these Terms: Definitions (Section 1), Fees and Payment (Section 5, with respect to accrued obligations), Intellectual Property (Section 8), Confidentiality (Section 9), No Professional or Operational Guarantees (Section 11), Disclaimers (Section 12), Effect of Termination (Section 13.3), Limitation of Liability (Section 14), Indemnification (Section 15), Governing Law and Dispute Resolution (Section 16), and General Provisions (Section 17).

14. Limitation of Liability

14.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS
• LOSS OF DATA (EXCEPT FOR APOLLO DEPLOY'S OBLIGATIONS REGARDING CUSTOMER DATA AS SET FORTH IN THE DPA AND SECURITY & TRUST DOCUMENT)
• LOSS OF BUSINESS OPPORTUNITIES
• COST OF PROCUREMENT OF SUBSTITUTE SERVICES

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 Cap on Liability

EXCEPT FOR THE EXCLUSIONS IN SECTION 14.3, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED:

• For paid Customers: The total amount of Fees actually paid by Customer to Apollo Deploy in the twelve (12) months immediately preceding the event giving rise to the claim; or
• For free tier or unpaid users: One hundred US dollars (USD $100.00) or the equivalent in local currency.

14.3 Exclusions from Liability Cap

The limitations in Sections 14.1 and 14.2 shall not apply to:

• Either party's indemnification obligations under Section 15
• Customer's payment obligations for Fees owed under these Terms
• Liability arising from a party's gross negligence, willful misconduct, or fraud
• Liability arising from a breach of Section 9 (Confidentiality) involving willful or reckless disclosure
• Liability that cannot be limited or excluded under applicable mandatory law (including applicable consumer protection or data protection law)
• Apollo Deploy's liability for personal injury or death caused by its negligence

14.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the limitations above shall apply to the fullest extent permitted by applicable law. Nothing in these Terms excludes or limits liability that cannot be lawfully excluded or limited.

14.5 Basis of the Bargain

The limitations of liability in this section reflect a reasonable allocation of risk between the parties and form an essential basis of the bargain between them. The Services would not be provided without these limitations.

15. Indemnification

15.1 Indemnification by Customer

You agree to indemnify, defend, and hold harmless Apollo Deploy, its affiliates, and their respective officers, directors, employees, agents, and successors from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Services in violation of these Terms
• Your violation of applicable law or regulation
• Your violation of any third party's rights, including Intellectual Property Rights or privacy rights
• Customer Data or any content you submit to the Services
• Your failure to obtain necessary consents or authorizations for data processed through the Services

15.2 Indemnification by Apollo Deploy

Apollo Deploy agrees to indemnify, defend, and hold harmless Customer from and against any third-party claims alleging that Customer's authorized use of the Services (in accordance with these Terms and Documentation) infringes a third party's Intellectual Property Rights in the jurisdictions where the Services are made available by Apollo Deploy, provided that:

• Customer promptly notifies Apollo Deploy of the claim in writing
• Customer grants Apollo Deploy sole control of the defense and settlement
• Customer provides reasonable cooperation at Apollo Deploy's expense

Apollo Deploy's obligations under this section do not apply to claims arising from:

• Modification of the Services by anyone other than Apollo Deploy
• Combination of the Services with products, services, or data not provided by Apollo Deploy
• Use of the Services in violation of these Terms or the Documentation
• Customer Data or Customer's content
• Use of a non-current version of the Services where the infringement would have been avoided by using a current version made available by Apollo Deploy

If the Services become (or in Apollo Deploy's reasonable opinion are likely to become) the subject of an infringement claim, Apollo Deploy may, at its option and expense: (a) obtain the right for Customer to continue using the Services; (b) replace or modify the Services to make them non-infringing without materially reducing functionality; or (c) if neither (a) nor (b) is commercially reasonable, terminate Customer's access to the affected Services and provide a pro-rata refund of prepaid Fees.

15.3 Indemnification Procedures

The indemnification obligations in this section are conditioned on:

• The indemnified party providing prompt written notice of the claim (provided that failure to provide prompt notice shall not relieve the indemnifying party of its obligations except to the extent materially prejudiced)
• The indemnified party granting the indemnifying party reasonable cooperation in the defense
• The indemnifying party not settling any claim in a manner that imposes obligations on the indemnified party without prior written consent

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms and any disputes arising from or relating to them shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles.

16.2 Global Application

While these Terms are governed by South African law, Apollo Deploy operates globally and intends to comply with the laws of all jurisdictions in which it operates or in which its Customers are located. Where mandatory local law provides rights that cannot be contractually waived or overridden, such rights are preserved in full.

16.3 Dispute Resolution

The parties agree to resolve disputes as follows:

Step 1 — Negotiation: The parties shall first attempt to resolve any dispute through good-faith negotiation. Either party may initiate negotiations by providing written notice to the other party describing the dispute. The parties shall negotiate for a period of at least [30] days from the date of such notice.

Step 2 — Mediation: If the dispute is not resolved through negotiation, either party may refer the dispute to mediation administered by a mutually agreed mediator or, failing agreement, by a mediator appointed in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA) or equivalent body. Mediation costs shall be shared equally.

Step 3 — Arbitration or Litigation: If the dispute is not resolved through mediation within [60] days:

• For enterprise Customers: Disputes shall be resolved by binding arbitration administered by AFSA (or, for Customers outside Africa, the International Chamber of Commerce (ICC)) under its then-current rules. The arbitration shall be conducted in English. The seat of arbitration shall be Johannesburg, South Africa, unless otherwise agreed. The arbitral award shall be final and binding and may be enforced in any court of competent jurisdiction.
• For individual users and non-enterprise Customers: Disputes shall be resolved in the courts of competent jurisdiction in the Republic of South Africa, unless mandatory local law requires disputes to be brought in the Customer's home jurisdiction.

16.4 Preservation of Local Rights

• Nothing in these Terms shall deprive any Customer of mandatory consumer protections, data protection rights, or other non-waivable statutory rights available under the laws of their jurisdiction of residence or principal place of business.
• Where mandatory local law in a Customer's jurisdiction conflicts with any provision of these Terms, such provision shall be modified to the minimum extent necessary to comply with the applicable law, and all remaining provisions shall continue in full force and effect.
• Customers in the European Economic Area, United Kingdom, Australia, and other jurisdictions with mandatory consumer protection laws retain all non-waivable statutory rights regardless of the governing law clause above.

16.5 Injunctive Relief

Notwithstanding the dispute resolution procedures above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm, including but not limited to unauthorized disclosure of Confidential Information, infringement of Intellectual Property Rights, or unauthorized access to systems or data.

16.6 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. NEITHER PARTY SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING RELATING TO THESE TERMS OR THE SERVICES. This waiver does not apply where class action waivers are unenforceable under applicable mandatory law.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy, Security & Trust document, DPA, any applicable order form, and any executed enterprise agreement, constitute the entire agreement between you and Apollo Deploy with respect to the Services and supersede all prior or contemporaneous communications, representations, and agreements, whether oral or written.

17.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

17.3 Waiver

The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the waiving party to be effective.

17.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without Apollo Deploy's prior written consent. Apollo Deploy may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, provided that the assignee agrees to be bound by these Terms. Any attempted assignment in violation of this section is void.

17.5 Notices

All notices under these Terms shall be in writing and shall be deemed given when:

• Sent by email to the address associated with the Account (for notices to Customer)
• Sent by email to legal@apollodeploy.com (for notices to Apollo Deploy)
• Posted in the platform (for general announcements and non-material changes)

Either party may update its notice address by providing written notice to the other party.

17.6 Relationship of the Parties

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, agency, or fiduciary relationship between the parties. Neither party has authority to bind the other or to incur obligations on the other's behalf.

17.7 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except that Apollo Deploy's affiliates are intended third-party beneficiaries of Apollo Deploy's rights under these Terms.

17.8 Force Majeure

Neither party shall be liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, epidemics or pandemics, war, terrorism, riots, government actions, embargoes, fire, floods, strikes, power outages, internet or telecommunications failures, or cyberattacks against third-party infrastructure.

The affected party shall:

• Provide prompt notice of the force majeure event
• Use reasonable efforts to mitigate the effects
• Resume performance as soon as reasonably practicable

If a force majeure event continues for more than [60] days, either party may terminate the affected Services upon written notice, and Apollo Deploy shall provide a pro-rata refund of prepaid Fees for the period of non-performance.

17.9 Export Compliance

You agree to comply with all applicable export control laws and trade sanctions in connection with your use of the Services. You shall not export, re-export, or transfer the Services or any related technical data to any country, entity, or individual prohibited by applicable law.

17.10 Government Use

If you are a government entity or agency, the Services are provided as "commercial computer software" and "commercial computer software documentation" as those terms are defined in applicable regulations. Use, duplication, or disclosure by the government is subject to restrictions as set forth in these Terms.

17.11 Language

These Terms are drafted in English. If these Terms are translated into any other language and there is a conflict between the English version and the translated version, the English version shall prevail to the extent permitted by applicable law.

17.12 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

18. Changes to These Terms

Apollo Deploy may update these Terms from time to time to reflect changes in the Services, our business practices, or applicable law.

• Material changes (including changes to pricing, liability limitations, dispute resolution, or Customer rights) will be communicated via email notification or in-platform notification at least [30] days before taking effect.
• Non-material changes (such as clarifications, formatting, or corrections) may be made without advance notice.
• The "Last Updated" date at the top of this document reflects the most recent revision.
• Previous versions are available upon request.
• Continued use of the Services after the effective date of changes constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services before the changes take effect. For paid subscribers, if you provide written objection within the notice period and terminate before the changes take effect, Apollo Deploy will issue a pro-rata refund of prepaid Fees for the unused portion of the Subscription Term.

19. Contact Information

For questions about these Terms or legal matters:

• Legal: legal@apollodeploy.com
• Privacy & Data Protection: privacy@apollodeploy.com
• Security: security@apollodeploy.com
• General Support: support@apollodeploy.com

These Terms of Service are provided for informational and contractual purposes. They should be read in conjunction with Apollo Deploy's Privacy Policy, Security & Trust document, and Data Processing Agreement. In the event of any conflict, the order of precedence shall be: (1) the executed enterprise agreement (if any), (2) these Terms of Service, (3) the Data Processing Agreement, (4) the Security & Trust document, (5) the Privacy Policy.