Last Updated: Aug 13, 2026

1. Introduction

These Terms of Use ("Terms") constitute a legally binding agreement between you and Afto Dynamo Technologies Inc. ("Afto", "we", "us", or "our).

These Terms govern your access to and use of Afto's websites, applications, software, APIs, online storefront technology, ordering systems, customer engagement tools, loyalty services, marketing automation, AI-powered services, analytics, and other products and services made available by Afto (collectively, the "Services").

By accessing or using the Services, creating an account, subscribing to the Services, or otherwise agreeing to these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you are using the Services on behalf of a business or other organization, you represent that you have the authority to bind that organization to these Terms. In that case, "you" and "your" refer to both you and that organization.

If you do not agree to these Terms, you must not access or use the Services.

Afto currently provides its Services primarily to businesses and users in Canada and the United States.

Afto provides technology designed to help small and medium-sized businesses operate their commerce and customer engagement activities.

Depending on the Services purchased or enabled by you, Afto may provide functionality including:

• Online storefronts
• Online ordering
• Shopping carts and checkout
• Product and menu catalogs
• Customer accounts
• Customer relationship management
• Loyalty and rewards programs
• Coupons and promotions
• Marketing campaigns
• Email, SMS, and messaging functionality
• WhatsApp-based customer engagement
• AI-powered shopping assistants
• Personalized product recommendations
• Customer segmentation
• Analytics and reporting
• Inventory and business insights
• Delivery and fulfillment integrations
• Payment integrations
• APIs and software integrations
• Mobile applications
• Content management and storefront customization
• Other commerce and business automation functionality

The specific Services available to you depend on your subscription, agreement with Afto, configuration, integrations, and other applicable terms.

Afto may add, modify, suspend, or discontinue features or portions of the Services from time to time.

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3.1 Eligibility

You must be legally capable of entering into a binding agreement to use the Services.

If you are accessing the Services on behalf of a business, you represent and warrant that you have authority to enter into these Terms on behalf of that business.

3.2 Account information

You agree to provide accurate, complete, and current information when creating or maintaining an Afto account.

You are responsible for updating your account information when it changes.

3.3 Account security

You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted through your account.

You must promptly notify Afto if you believe that your account credentials have been compromised or that unauthorized activity has occurred.

Afto is not responsible for losses resulting from your failure to maintain the security of your account credentials.

3.4 Authorized users

If you permit employees, contractors, agents, or other individuals to access your account, you are responsible for their use of the Services and their compliance with these Terms.

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If you use Afto to operate an online store, restaurant ordering system, retail business, or other commerce experience, you are responsible for your business and your relationship with your customers.

You are responsible for:

• Your products and services;
• Your prices;
• Product descriptions and other content;
• Inventory and availability;
• Store and restaurant operations;
• Orders and fulfillment;
• Delivery arrangements;
• Returns, refunds, and cancellations;
• Customer service;
• Taxes and tax collection;
• Required business licenses and permits;
• Marketing and promotional activities;
• Customer communications;
• Compliance with applicable consumer protection laws;
• Compliance with applicable privacy laws;
• Compliance with applicable marketing and communications laws;
• Your use of customer Personal Information;
• Your content and materials; and
• Your compliance with these Terms.

Afto provides technology and infrastructure to facilitate these activities.

Afto is not the seller or merchant of record for products or services sold by you through an Afto-powered storefront unless expressly agreed otherwise in writing.

Any contract for the sale of products or services through your storefront is between you and your customer.

Afto is not responsible for the products or services you offer, the accuracy of your product information, the quality of your products or services, fulfillment, refunds, returns, taxes, or disputes between you and your customers.

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You may provide information, text, images, logos, product information, menus, descriptions, prices, videos, customer communications, and other content to Afto ("Your Content").

You retain ownership of Your Content.

You grant Afto a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, display, modify, adapt, and otherwise use Your Content as reasonably necessary to:

• provide the Services;
• operate your storefront;
• process transactions;
• provide customer engagement functionality;
• provide analytics and reporting;
• provide AI-powered functionality;
• maintain and secure the Services;
• troubleshoot and improve the Services;
• comply with applicable law; and
• exercise our rights and perform our obligations under these Terms.

You represent and warrant that:

1. you own or have sufficient rights to Your Content;

2. you have obtained all necessary permissions and consents relating to Your Content;

3. Your Content does not violate applicable law;

4. Your Content does not infringe intellectual property or other rights of third parties; and

5. your submission or use of Your Content through the Services does not violate any agreement applicable to you.

Afto does not claim ownership of Your Content merely because you use the Services.

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You agree not to use the Services to:

• violate any applicable law or regulation;
• infringe or misappropriate another person's intellectual property or other rights;
• engage in fraud, deception, or unlawful activity;
• distribute malware, viruses, or other harmful code;
• interfere with or disrupt the Services;
• attempt to gain unauthorized access to Afto systems or another user's account;
• circumvent security controls or technical limitations;
• reverse engineer or attempt to extract source code from the Services except where expressly permitted by applicable law;
• scrape or systematically extract information from the Services without authorization;
• use the Services to send spam or unlawful communications;
• transmit content that is illegal, fraudulent, threatening, abusive, or otherwise prohibited by applicable law;
• use the Services to facilitate discrimination or unlawful harmful conduct;
• upload Personal Information that you do not have the right to provide to Afto;
• use the Services to infringe the rights of consumers or other individuals;
• interfere with another merchant's use of the Services; or
• use the Services in a manner that could reasonably harm Afto, our customers, users, infrastructure, or reputation.

Afto may investigate suspected violations of these Terms and may suspend, restrict, or terminate access to the Services where reasonably necessary.

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Certain Services require payment of subscription fees, transaction fees, usage fees, implementation fees, or other charges ("Fees").

The Fees applicable to you will be specified in your order form, subscription agreement, pricing page, invoice, or other applicable commercial agreement.

Unless otherwise agreed:

• Fees are due according to the applicable billing terms;
• you are responsible for providing accurate billing information;
• applicable taxes may be added to Fees;
• you are responsible for applicable taxes associated with your use of the Services; and
• Fees already paid are generally non-refundable except where required by applicable law or expressly agreed by Afto.

Afto may suspend access to paid Services if amounts remain unpaid after applicable notice.

Changes to Fees will be communicated in accordance with your applicable agreement or subscription terms.

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Afto may integrate with or enable access to third-party products and services, including:

• Payment providers;
• Point-of-sale systems;
• Delivery and logistics providers;
• Email and SMS providers;
• WhatsApp and messaging platforms;
• Analytics providers;
• Advertising platforms;
• Cloud infrastructure providers;
• AI and machine-learning providers;
• Authentication services; and
• Other third-party software and services.

Your use of a third-party service may be subject to that provider's own terms and privacy policies.

Afto does not control and is not responsible for third-party services.

If a third-party service becomes unavailable, changes its functionality, or terminates its integration with Afto, Afto may modify or discontinue the corresponding functionality.

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Certain Afto Services use artificial intelligence, machine learning, generative AI, and automated decision-support technologies.

Afto may use technologies and models provided by:

• OpenAI;
• Google Gemini;
• Open-source AI models; and
• other AI technology providers introduced or used by Afto from time to time.

The particular AI model or provider used for a feature may vary based on performance, availability, cost, technical requirements, merchant configuration, and other considerations.

9.1 AI-generated output

AI-generated recommendations, responses, content, classifications, predictions, insights, and other outputs ("AI Output") may not always be accurate, complete, current, or appropriate.

You are responsible for reviewing AI Output before relying on it for business, customer, operational, financial, legal, or other decisions.

Afto does not guarantee that AI Output will be accurate or suitable for a particular purpose.

9.2 Merchant responsibility for AI use

If you use Afto's AI Services to interact with your customers, you are responsible for:

• reviewing AI-generated content where appropriate;
• ensuring that customer-facing AI experiences comply with applicable law;
• ensuring that AI-generated product descriptions, recommendations, offers, or other content are accurate and appropriate;
• ensuring that your use of customer information is lawful; and
• configuring and supervising AI functionality appropriately for your business.

9.3 Improvement of AI systems

Afto may use information and data processed through the Services to train, evaluate, develop, and improve Afto's AI and machine-learning systems, subject to applicable law and the applicable agreement with you.

This may include information relating to interactions, transactions, searches, product engagement, customer preferences, campaign performance, and other activity occurring through the Services.

Where appropriate, Afto may use aggregated, de-identified, or anonymized information for AI development and improvement.

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10.1 Afto's intellectual property

The Services, including the Afto software, platform, APIs, interfaces, designs, trademarks, logos, documentation, technology, algorithms, models, and other materials provided by Afto are owned by or licensed to Afto and are protected by applicable intellectual property laws.

Except for the limited rights expressly granted under these Terms, Afto does not grant you any ownership interest in the Services.

You may not:

• copy the Services;
• modify or create derivative works of the Services;
• reverse engineer the Services except where permitted by law;
• sell, sublicense, lease, or distribute the Services;
• remove proprietary notices;
• use Afto trademarks without authorization; or
• attempt to obtain unauthorized access to the underlying technology.

10.2 Your intellectual property

You retain ownership of Your Content as described in Section 5.

10.3 Feedback

If you provide suggestions, ideas, recommendations, or other feedback regarding the Services ("Feedback"), you grant Afto the right to use that Feedback without restriction or compensation to you.

Feedback does not include your confidential information or Personal Information.

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Afto respects intellectual property rights and expects users of the Services to do the same.

You may not use the Services to publish, distribute, sell, or otherwise make available content that infringes another person's intellectual property rights.

If Afto receives a valid intellectual property infringement complaint, we may investigate and, where appropriate, remove or restrict access to the relevant content.

Afto may suspend or terminate accounts that repeatedly infringe intellectual property rights.

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Afto's collection and use of Personal Information is governed by our Privacy Policy.

You acknowledge that your use of the Services may involve the collection and processing of Personal Information belonging to your customers, employees, users, or other individuals.

If you are a merchant, you are responsible for:

• providing appropriate privacy notices;
• obtaining required consents;
• complying with applicable privacy laws;
• responding to customer privacy requests where required;
• configuring available retention and deletion controls; and
• ensuring that you have the legal right to provide Personal Information to Afto.

Afto currently does not provide a separate Data Processing Addendum (DPA).

Afto generally retains Personal Information for one year, subject to applicable law and the merchant's available retention and deletion configurations.

Merchants may configure available deletion and retention settings for shopper information processed through their Afto-powered experiences.

For additional information, please review the Afto Privacy Policy.

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Afto maintains technical, administrative, and organizational safeguards designed to protect the Services and information processed through them.

Afto's infrastructure may utilize Microsoft Azure, Amazon Web Services (AWS), and Google Cloud Platform (GCP), including infrastructure located in the United States East region.

However, no technology system or Internet transmission can be guaranteed to be completely secure.

You are responsible for maintaining appropriate security for your account, credentials, devices, integrations, and systems connected to the Services.

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Afto continually develops and improves its Services.

Accordingly, we may:

• add new functionality;
• modify existing functionality;
• remove features;
• change interfaces;
• change technical requirements;
• introduce new pricing;
• discontinue particular integrations; or
• suspend portions of the Services.

We will make reasonable efforts to provide notice of material changes where appropriate.

We do not guarantee that every feature will remain available indefinitely.

Afto may temporarily suspend Services when reasonably necessary for:

• maintenance;
• security;
• infrastructure upgrades;
• legal or regulatory requirements;
• prevention of abuse;
• emergency situations; or
• circumstances outside our reasonable control.

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To the maximum extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis.

Afto does not warrant that:

• the Services will always be available;
• the Services will be uninterrupted;
• the Services will be error-free;
• the Services will be completely secure;
• the Services will meet every particular business requirement;
• information provided through the Services will always be accurate;
• AI-generated output will always be accurate or reliable;
• recommendations will result in increased sales or other business outcomes;
• integrations with third parties will remain available; or
• errors will always be corrected.

To the maximum extent permitted by law, Afto disclaims all warranties and conditions, express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Nothing in these Terms excludes a warranty or consumer protection right that cannot legally be excluded.

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To the maximum extent permitted by applicable law, Afto and its directors, officers, employees, affiliates, contractors, suppliers, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business opportunities, goodwill, data, or anticipated savings arising from or relating to:

• your use of or inability to use the Services;
• interruption or unavailability of the Services;
• errors or inaccuracies in the Services;
• AI-generated content or recommendations;
• third-party services or integrations;
• transactions between you and your customers;
• unauthorized access to your account resulting from your failure to secure your credentials;
• loss or corruption of data; or
• these Terms,

even if Afto has been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, Afto's aggregate liability arising out of or relating to the Services or these Terms will not exceed the fees paid by you to Afto for the Services during the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms limits liability that cannot legally be limited or excluded under applicable law.

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To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Afto and its affiliates, directors, officers, employees, contractors, suppliers, and agents from claims, damages, liabilities, costs, and expenses, including reasonable legal fees, arising out of or relating to:

• your breach of these Terms;
• your violation of applicable law;
• Your Content;
• your products or services;
• your transactions with customers;
• your use of Personal Information;
• your marketing or communications activities;
• your infringement of third-party rights;
• your use of the Services in violation of these Terms; or
• the acts or omissions of your employees, contractors, agents, or authorized users.

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These Terms begin when you first accept them or begin using the Services and continue until terminated.

18.1 Termination by you

You may terminate your use of the Services in accordance with your applicable subscription or commercial agreement.

Termination does not eliminate obligations or liabilities that arose before termination.

18.2 Termination or suspension by Afto

Afto may suspend or terminate your access to some or all of the Services if:

• you materially breach these Terms;
• you fail to pay applicable Fees;
• we reasonably believe your use of the Services creates a security or legal risk;
• you engage in fraudulent or unlawful activity;
• you violate our acceptable-use requirements;
• your use of the Services could harm Afto or other users; or
• suspension or termination is required by law or a third-party provider.

Where reasonably practical, Afto may provide notice and an opportunity to remedy a violation before termination.

Afto may immediately suspend access where necessary to protect the Services, users, or third parties.

18.3 Effect of termination

Upon termination:

• your right to access the applicable Services will end;
• you remain responsible for amounts owed through the termination date;
• you remain responsible for transactions and obligations arising before termination;
• Afto may delete or retain information in accordance with its Privacy Policy, applicable agreements, configured retention settings, and applicable law; and
• provisions that by their nature should survive termination will continue to apply.

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Afto may modify these Terms from time to time.

If we make material changes that materially affect your rights or obligations, we will make reasonable efforts to provide advance notice through email, the Services, our website, or another appropriate method.

Changes may take effect immediately where necessary for:

• legal or regulatory compliance;
• security;
• fraud or abuse prevention;
• protection of the Services; or
• other circumstances where immediate changes are reasonably necessary.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms.

If you do not agree with the revised Terms, you must stop using the affected Services.

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If you receive confidential information belonging to Afto or another party through your use of the Services, you agree to:

• use the information only for the purposes for which it was provided;
• protect it against unauthorized disclosure; and
• disclose it only to individuals who need to know it and are subject to appropriate confidentiality obligations.

This section does not apply to information that:

• is publicly available through no breach of these Terms;
• was already lawfully known to you;
• is independently developed without using confidential information; or
• is lawfully received from a third party without confidentiality restrictions.

Nothing in this section prevents disclosure required by law.

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The Services may display or provide access to content, products, services, information, or functionality supplied by third parties.

Afto does not guarantee the accuracy, availability, quality, or legality of third-party content or services.

Your relationship with a third-party provider is governed by your agreement with that provider.

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You are responsible for determining and fulfilling your tax obligations arising from your use of the Services and from sales of products or services to your customers.

Afto does not provide tax, accounting, or legal advice.

You should consult appropriate professional advisors regarding your tax and regulatory obligations.

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Afto will not be responsible for delays or failures caused by circumstances beyond our reasonable control, including:

• natural disasters;
• severe weather;
• war;
• terrorism;
• government actions;
• labor disputes;
• power failures;
• Internet or telecommunications failures;
• cloud infrastructure outages;
• third-party service failures;
• cyberattacks;
• epidemics or pandemics; or
• other events beyond our reasonable control.

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These Terms are governed by the laws of the Province of Ontario and the applicable laws of Canada, without regard to conflict-of-law principles.

Subject to any mandatory rights or remedies available under applicable law, disputes arising out of or relating to these Terms or the Services will be subject to the courts located in Ontario, Canada.

Nothing in this section prevents either party from seeking urgent or equitable relief where appropriate.

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25.1 Entire agreement

These Terms, together with any applicable order forms, subscription agreements, pricing terms, Privacy Policy, Cookie Policy, and other documents expressly incorporated into these Terms, constitute the entire agreement between you and Afto concerning the Services.

25.2 No waiver

Afto's failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision in the future.

25.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect.

25.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without Afto's prior written consent, except where permitted by law.

Afto may assign these Terms in connection with a merger, acquisition, corporate restructuring, sale of assets, or similar transaction.

25.5 Relationship between the parties

These Terms do not create a partnership, joint venture, employment relationship, agency relationship, or franchise relationship between you and Afto.

25.6 No exclusivity

Nothing in these Terms prevents Afto from providing Services to other businesses, including businesses that may compete with you.

25.7 Notices

Afto may provide notices through email, the Services, your account, our website, or other reasonable communication methods.

25.8 Survival

Provisions concerning intellectual property, confidentiality, privacy, fees owed, indemnification, limitation of liability, governing law, disputes, and other provisions that by their nature should survive termination will survive termination.

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If you have questions regarding these Terms, please contact:

Afto Dynamo Technologies Inc.

Email: privacy@getafto.com

Website: www.getafto.com/

Address: [CANADIAN CORPORATE ADDRESS]

Last Updated: [DATE]

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Afto's Additional Policies

The following documents may also apply to your use of the Services:

• Afto Privacy Policy
• Afto Cookie Policy
• Afto Acceptable Use Policy
• Any applicable subscription, order form, pricing, or commercial agreement

Where there is a conflict between these Terms and a separately executed commercial agreement between Afto and a customer, the applicable executed agreement will control to the extent of the conflict.