Applash Platform – Terms and Conditions

1. Definitions

For the purposes of these Terms:

• "Access Information" means any username, password, API key, token, or other credentials used to access the Applash Platform.
• "Agreement" means these Terms together with any other contract, order form, or policy that is expressly incorporated by reference (including the Privacy Policy).
• "Applicable Law" means any law, regulation, rule, directive, judgment, order, or guideline issued by any governmental or regulatory authority that applies to you, us, or your use of the Applash Platform.
• "Application" means a formal request submitted by or on behalf of a Student to an education institution or partner through the Applash Platform, including all supporting documentation.
• "Applash Partner" means any school, institution, company, organization, association, or individual that has a written agreement with Applash to use, promote, or integrate the Applash Platform.
• "Applash Partner Agreement" means any written agreement between Applash and an Applash Partner governing services such as recruitment, onboarding, or application processing.
• "Applash Platform" means the Applash website and related student recruitment, agency, and institution tools, including AI-based functionality and all services accessible through those tools.
• "Claim" means any loss, cost, damage, expense, fine, penalty, or liability (including legal fees) arising in connection with or relating to the Applash Platform or this Agreement.
• "Confidential Information" means non-public information that is confidential or proprietary to Applash or its partners, including platform design, business plans, strategies, source code, pricing, client lists, financials, and technical documentation.
• "Content" means all information, text, data, graphics, images, audio, video, software, and other materials published or made available through the Applash Platform.
• "Counsellor" means an individual who helps prospective students with applications and related processes and is not operating as a corporate Recruitment Partner.
• "De-Identified Data" has the meaning given in Section 7.
• "Educational Records" means student academic or education-related records as referenced in Section 21.
• "Governmental or Regulatory Authority" means any government, department, regulator, tribunal, court, or similar body with authority over either Party.
• "Party" means each of Applash and you; "Parties" means both together.
• "Personal Information" means information about an identifiable individual, as defined in applicable privacy laws.
• "Privacy Policy" means the Applash Privacy Policy, as updated from time to time and accessible on the Applash website.
• "Program" means any study program, pathway, language program, summer program, or similar educational offering made available by a school or third-party provider.
• "Recruitment Partner" means a business or organization that supports students in preparing and submitting applications and may have a contract with Applash.
• "Recruitment Partner / Counsellor Agreement" means a written agreement between Applash and a Recruitment Partner or Counsellor governing student recruitment activity.
• "School" means any educational institution that offers Programs to students.
• "Services" means all web-based applications, tools, dashboards, APIs, and related offerings made available by Applash through the Applash Platform.
• "Student" means a person using the Applash Platform to research, apply, or be represented in applications to schools and Programs.
• "Submission" has the meaning given in Section 12.
• "Third-Party Provider" means any external organization contracted by a School or partner (for example, to provide modules or language training).
• "User" or "user" means any person or entity accessing or using the Applash Platform, including employees, contractors, and agents acting on behalf of another entity.
• "You" or "your" means the person or entity accessing the Applash Platform or receiving the Services.

2. Scope of these Terms

These Terms govern your access to and use of the Applash Platform and the Services delivered through it. Subject to your ongoing compliance, Applash will use commercially reasonable efforts to make the Platform available in line with any documentation or guidelines we provide.

Some sections apply only to specific types of users (for example, Students, Recruitment Partners, or Applash Partners). See Sections 21–23.

3. Changes to the Terms and the Platform

We may revise these Terms where permitted by Applicable Law by posting an updated version on the Applash Platform. You are responsible for checking for updates. Your continued use of the Platform after changes are posted means you accept the updated Terms.

We may change, suspend, or discontinue any part of the Platform at any time, including for maintenance, legal compliance, or security concerns, and we may restrict or terminate your access for breach of this Agreement or any misuse.

4. Registration and Account

To use some parts of the Applash Platform, you must create an account or receive an access key or other authorization from us. You must provide accurate, current, and complete information and keep it updated.

We may accept or reject registrations or access requests in our sole discretion and may suspend or terminate your account if we believe your information is incorrect, incomplete, or if you breach these Terms.

You are responsible for protecting your Access Information. Any activity performed using your Access Information will be treated as your activity.

5. License to Use the Applash Platform

Subject to these Terms and any specific restrictions communicated by us, Applash grants you a limited, personal, revocable, non-exclusive, non-transferable license to access and use the Applash Platform solely for your own business or personal use in connection with the Services.

You acquire no ownership interest in the Platform or Content.

6. Your Data and Privacy

When you use the Applash Platform, we collect, use, and disclose data in accordance with our Privacy Policy. By using the Platform, you acknowledge that data processing will occur as described there.

We may disclose Personal Information if required by law, court order, or regulatory request.

You understand that your information may be collected directly from you or from third parties (such as agents, schools, or partners) and may include identity data, educational records, financial information, immigration-related information, and any other data necessary to provide the Services.

You agree that all Personal Information and other data you provide is true, accurate, current, and complete at the time of submission and that you will keep it up to date. This includes information needed to:

• process student applications;
• manage student records and recruitment activities; and
• accept and process payments, where applicable.

Data may be stored on servers located outside your home jurisdiction. By using the Platform, you consent to cross-border transfers in line with our Privacy Policy and Applicable Law.

For further details on your rights and our practices, see the Applash Privacy Policy.

7. De-Identified and Aggregated Data; AI Use

Applash may use your data, and data about your use of the Platform, in de-identified or aggregated form so that it no longer identifies you ("De-Identified Data").

Applash may use De-Identified Data for:

• improving and fixing the Platform;
• analytics and business intelligence;
• developing new features, including AI-based recommendations and tools;
• training and evaluating machine learning models; and
• marketing and demonstrating the Platform to third parties.

Applash owns all intellectual property rights in outputs derived from De-Identified Data. We do not use identifiable or sensitive Personal Information to train our models in a way that would re-identify you, in line with our Privacy Policy.

8. Your Representations and Warranties

You represent and warrant that:

1. You will not allow anyone other than you or your authorized personnel to use your Access Information.
2. You will use the Platform only in compliance with this Agreement and Applicable Law.
3. You will respect all intellectual property rights and not infringe any third-party rights.
4. All data you submit is accurate and complete, and you will promptly correct any inaccuracy.
5. You are responsible for all activities that occur using your account or Access Information.
6. You will not use the Platform to provide competing or commercial services to third parties except as allowed under a separate agreement with Applash.
7. You have all necessary rights and consents to upload or submit any Content or data.
8. You are not on any restricted or sanctioned party list.
9. You will not upload malicious code or overload the Platform.
10. You will not use the Platform for illegal activities, fraud, or activities that violate third-party privacy or intellectual property rights.
11. You will not interfere with or compromise any security features of the Platform.
12. You will cooperate with Applash in any investigation involving potential misuse or legal obligations related to your use.

9. Restrictions and Usage Limits

9.1 Usage policies

Your use of the Platform may be subject to limits, such as storage constraints, rate limits, feature limits, or technical requirements. We may update these policies from time to time.

9.2 Your equipment

You are responsible for your own hardware, operating systems, connectivity, and internet service. You are responsible for backing up your own data.

9.3 Prohibited activities

You agree not to, and not to permit any third party to:

• reverse engineer, disassemble, or attempt to derive source code from the Platform;
• distribute, sublicense, sell, rent, or lease access to the Platform;
• remove proprietary notices or watermarks;
• interfere with or disrupt servers, networks, or infrastructure;
• attempt unauthorized access to any part of the Platform;
• use the Platform to build a competing product or service;
• scrape or mine data outside permitted use;
• upload viruses, worms, or malicious code;
• upload or transmit unlawful, abusive, defamatory, hateful, or obscene content;
• violate any intellectual property or privacy rights; or
• circumvent or tamper with security or technical protections.

10. Editing, Suspension, and Termination

We may review your data to verify compliance with this Agreement and may remove or edit any data we reasonably consider unlawful, offensive, or problematic.

We may suspend, limit, or terminate your access to the Platform at any time if:

• you breach these Terms;
• we suspect fraud, abuse, or security issues;
• required by law or by a governmental or regulatory authority; or
• we decide to discontinue the Platform or a part of it.

We may do so without liability. Where feasible, we will give notice, but we are not obliged to do so in all cases.

We may also cooperate with authorities, schools, or partners in investigating suspected misconduct, academic fraud, or misuse.

11. Your Responsibilities and Feedback

You agree to:

• notify us promptly if you suspect unauthorized use of your account or any security issue;
• use reasonable efforts to prevent unauthorized access;
• comply with all applicable data, privacy, and export control laws; and
• notify us if there is any security incident in systems that interface with Applash.

If you provide feedback or reports about bugs, suggestions, or improvements, you agree that Applash may use that feedback without restriction or payment and may incorporate it into the Platform or other products.

12. Submissions

Any suggestions, bug reports, or other communications about the functionality of the Platform that you send us (collectively, "Submissions") are deemed non-confidential and non-proprietary (excluding Personal Information covered by the Privacy Policy).

You grant Applash a perpetual, worldwide, royalty-free, sublicensable, transferable license to use, copy, modify, and create derivative works from any such Submissions for any purpose.

13. Confidential Information

You must keep Applash's Confidential Information strictly confidential and use it only as necessary to use the Platform or receive the Services. You may not disclose it to third parties without our prior written consent, except as required by law.

Similarly, Applash will use reasonable measures to protect your data while under our control, subject to our right to disclose data as needed to comply with law or to defend legal claims.

Confidentiality obligations do not apply to information that is publicly available without breach, already known without restriction, lawfully obtained from a third party without confidentiality duties, or independently developed without reference to Confidential Information.

Upon request or upon termination of this Agreement, you must return or destroy all Confidential Information in your possession.

14. Intellectual Property

The Applash Platform and all Content are owned by Applash or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You obtain no ownership rights in the Platform, Content, or any related intellectual property. Any rights not expressly granted are reserved by Applash and its licensors.

If you submit feedback or Submissions, Applash may freely use them as described in Section 12.

15. Term and Termination

This Agreement takes effect when you first access or use the Applash Platform or when you first accept these Terms and continues until terminated.

Applash may terminate this Agreement or your access to the Platform at any time, with or without cause, by providing notice where feasible. You may stop using the Platform at any time.

Sections that by their nature should survive termination (including payment obligations, confidentiality, IP, disclaimers, indemnities, and limitations of liability) will remain in force.

16. Effect of Termination

Upon termination or expiry:

• you must stop using the Platform;
• any fees accrued or payable prior to termination remain due; and
• your accrued rights and obligations survive to the extent necessary to enforce them.

17. Disclaimers

The Applash Platform is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by law, Applash disclaims all implied warranties, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and reliability.

We do not promise that the Platform will be uninterrupted, error free, secure, or free of harmful components. We do not warrant any specific outcome or success of any application, admission, visa, or permit.

The Platform may show third-party content or link to third-party websites or services. We do not control or endorse such third-party content or sites and are not responsible for their accuracy, legality, or practices. You access third-party sites at your own risk.

You are responsible for evaluating any content or advice and for any decisions you make based on your use of the Platform.

We do not guarantee confidentiality of communications transmitted over the internet or other public networks.

18. Indemnity

You agree to defend, indemnify, and hold harmless Applash, its affiliates, successors, and their respective directors, officers, employees, and agents from and against any Claims arising from:

• your use of the Platform contrary to this Agreement;
• your reliance on any Content;
• your breach of these Terms;
• your infringement of any intellectual property or privacy rights; or
• your failure to obtain necessary consents for data you provide to Applash.

We may participate in the defense of any Claim with counsel of our choosing, and you may not settle any Claim affecting Applash without our written consent.

19. Limitation of Liability

To the fullest extent permitted by law, Applash will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages; lost profits; loss of data; or loss of use arising out of or related to the Platform or this Agreement, even if advised of the possibility of such damages.

To the extent any limitation is not permitted, Applash's total aggregate liability arising out of or related to these Terms or your use of the Platform will not exceed CAD $100.

Some jurisdictions do not allow certain limitations, so some of these limits may not apply to you.

20. General Provisions

• The Parties are independent contractors; nothing here creates a partnership, joint venture, or employment relationship.
• Neither Party is liable for delays or failures caused by events beyond its reasonable control (force majeure), excluding payment obligations.
• You may not assign these Terms without our prior written consent. We may assign them without your consent.
• Notices may be given by email or in writing to addresses provided by the Parties.
• No waiver is effective unless in writing.
• If any provision is invalid or unenforceable, the remaining provisions remain in effect.
• This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Disputes will be heard exclusively in the courts of Toronto, Ontario.
• This Agreement, together with referenced documents, is the entire agreement between you and Applash regarding the Platform.
• By clicking "I AGREE" or similar, you consent to electronic signatures and records.

21. Additional Terms for Student Users

This section applies only if you are a Student.

You represent and warrant that:

• you will comply with all policies of the institutions to which you apply;
• all data you or your Recruitment Partner / Counsellor submit on your behalf is accurate and complete;
• where a Recruitment Partner / Counsellor handles your Educational Records, they have a legitimate basis and, where required by law, appropriate authorization to do so;
• you will only seek immigration or visa advice from authorized professionals in the relevant country;
• you have legal rights to use the Platform in your jurisdiction and in the jurisdiction of the institutions you apply to; and
• you are not located in a sanctioned or embargoed jurisdiction that would prevent admission or lawful use of the Platform.

Applash does not control admission, visa, or permit decisions by institutions or authorities. All outcomes are determined by those third parties. Applash is not responsible for rejected applications or visa decisions, nor for your failure to meet any entry or compliance requirements.

Fees and payments (Students)

Where fees are shown or agreed, you must pay them in accordance with the instructions provided. Some fees may be set by institutions or third parties, and Applash may simply collect and remit them. Those fees are typically non-refundable.

Application-processing deposits, where applicable, may be non-refundable in certain situations (for example, if you do not submit required documents, if your visa is refused, or if you cancel before an admission decision), as set out on the Platform or in a separate policy.

If payment is made by card, you authorize our payment processor to charge all amounts due. If your payment fails, we may suspend processing of your applications. You are responsible for any taxes related to fees payable under this Agreement, except for Applash's own income taxes.

22. Additional Terms for Recruitment Partner / Counsellor Users

This section applies only if you are a Recruitment Partner or Counsellor.

In addition to these Terms, you are bound by any separate Recruitment Partner / Counsellor Agreement you have with Applash. If there is a conflict between that agreement and these Terms, the Recruitment Partner / Counsellor Agreement will govern the conflicting subject.

You are responsible for:

• providing accurate information about Students and their records;
• ensuring you have lawful authority and all necessary consents to share Student data with Applash and institutions;
• complying with all applicable laws on immigration advice, recruitment, and data protection; and
• not misrepresenting Applash or any institution to Students.

23. Additional Terms for Applash Partner Users

This section applies only if you are an Applash Partner (for example, an institution).

You are bound by any Applash Partner Agreement you have signed with us. If there is a conflict between that agreement and these Terms, the Applash Partner Agreement controls for the relevant subject matter.

You are responsible for:

• using the Platform only within agreed scopes (for example, admission workflows, reporting, or APIs);
• complying with data protection laws when handling Student or Recruitment Partner data; and
• ensuring your staff and agents use the Platform in accordance with these Terms and any partner-specific documentation.

24. Contact Information and Grievances

For questions, complaints, or legal concerns relating to Applash or these Terms, contact:

If you are resident in India or another jurisdiction requiring a designated grievance officer, Applash will provide contact details for that role on the website or in a local supplement to these Terms. You may escalate unresolved complaints there as required by local e-commerce or consumer protection rules.