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Terms of Service

Effective Date: 2025-02-24

PLEASE READ THESE TERMS OF USE CAREFULLY. By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use.

These Terms of Use (“Terms”) form a part of the overall Agreement (as defined below) between you (“you”) and Apex Applications (“Company”, “we”, “us” or “our”). This Agreement governs your use of our platform, analytics, information, applications, websites, and other products and services (collectively, the “Services”), provided that you comply with these Terms. If you use the Services on behalf of a company or other entity, then “you” includes such entity, and you represent and warrant that (a) you are an authorized representative of that entity with the authority to bind it to this Agreement, and (b) you agree to the terms on the entity’s behalf.

By accessing or using the Services in any manner, you agree to:

  1. All terms and conditions set forth herein;
  2. Our Privacy Policy; and
  3. Any other standard policies or community guidelines posted on our Services—which together form the “Agreement.”

Please note that Section 13 below contains an arbitration clause and class action waiver. By agreeing to this Agreement, you agree to resolve all disputes with us through binding individual arbitration (thereby waiving your right to have such disputes decided by a judge or jury) and waive any right to participate in class actions or representative proceedings. You may opt out of arbitration as described in Section 15.

1. ACCESS & PASSWORDS

You must be at least 18 years of age to use this website and/or any of the Services. By using the Services, you represent and warrant that you meet this age requirement.

Most features of the Services require you to register or create an account. When doing so, you must provide accurate, complete, and current information and update it as necessary. If we determine that the information you provided is inaccurate or incomplete, we reserve the right to deny access to the Services or terminate/suspend your account at any time, without notice.

We may allow you to access the Services via third-party authentication platforms. Please note that these platforms are independent of us, and their login systems or data are governed by their own terms and privacy policies.

You are solely responsible for all activities under your account and must keep your password and other authentication details secure. In the event of any breach of security or unauthorized use of your account, you must notify us immediately. While we are not liable for any losses resulting from unauthorized account use, you may be held responsible for any losses incurred by us or third parties due to such unauthorized access.

2. YOUR OBLIGATIONS

A. SUBSCRIPTIONS

Some features of our Services are available for free or during promotional periods; however, many require a subscription. If you purchase a subscription, it will automatically renew at the frequency specified on your subscription page (or, if unspecified, monthly), and your designated payment method will be charged at the start of each new period for all applicable fees and taxes. For annual plans, we will use reasonable efforts to provide notice before renewal.

You may cancel or downgrade your subscription at any time for any reason. To avoid future charges, you must cancel or change your subscription before the renewal date. Changes may be made by:

Additionally, you may pause your subscription for 1, 3, or 6 months using the methods described above. The pause will commence at the end of the current billing cycle and reactivate automatically at its conclusion. Pausing does not cancel your subscription and is subject to renewal.

B. PAYMENTS

You agree to pay all fees posted for the Services you select. By providing payment details and submitting your payment authorization, you authorize Apex Applications to charge your account for the applicable fees. You also authorize us to store and retain your payment information for future transactions.

If you choose to terminate the Services within the first seven (7) days of your initial purchase, you are entitled to a full refund. Otherwise, subscription payments are nonrefundable, and no credits or refunds will be issued for partially used periods or periods of non-usage. Upon cancellation, you will continue to have access to the Services until the end of your current subscription period.

Any refunds issued after termination are at our sole discretion. You are responsible for keeping your billing and contact information up-to-date. If we are unable to collect payment via your designated payment method, you agree to pay all outstanding amounts upon demand. Accounts with unpaid charges for 30 days or more may be terminated or suspended, and we reserve the right to assess additional late charges (up to the maximum permitted by law) and pursue legal means to collect any remaining balances.

C. PROHIBITED USES

The Services may only be used:

You expressly agree that you will not:

You also agree not to remove, obscure, or alter any copyright notices, trademarks, or proprietary notices contained in or on the Services, nor to co-brand the Services with your own branding without our express permission.

Finally, you shall not restrict or inhibit any other user’s access to the Services or post or transmit any content that is unlawful, fraudulent, defamatory, obscene, or otherwise objectionable. Any content you submit must comply with our community guidelines and all applicable laws.

You agree to maintain the confidentiality of any of our Confidential Information and to use at least reasonable industry-standard efforts to protect it. Upon termination of this Agreement, you agree to return or destroy all such Confidential Information.

3. OUR OBLIGATIONS

Subject to your compliance with this Agreement, we grant you a limited, nonexclusive, non-transferable license to access and use the Services during the term of this Agreement.

Our obligations regarding your personal information are set forth in our Privacy Policy.

While we are not obligated to monitor user content, we reserve the right to do so electronically and may disclose information as necessary to comply with legal obligations, operate the Services, or protect our rights and the security of our users.

4. DURATION OF TERMS

This Agreement will remain in effect until terminated by either you or us. Even after termination, provisions of this Agreement will remain applicable to prior use of the Services.

You may terminate this Agreement at any time by providing notice to us or by canceling your subscription as described above. We reserve the right to terminate this Agreement or suspend your access to the Services if you breach any part of these Terms. Termination of this Agreement will result in the immediate cessation of all licenses and rights granted herein, except that certain obligations (including payment obligations) shall survive.

5. THIRD PARTY CONTENT AND SERVICES

A. AUTHORIZATION

The Services may integrate with or access Third Party Platforms (e.g., via APIs or browser extensions) such as Amazon, Google, or others. Apex Applications is not affiliated with, endorsed by, or responsible for the operations of these Third Party Platforms. It is your responsibility to review and comply with the respective terms and privacy policies of any Third Party Platforms you access through our Services.

To enable certain functionalities, you may be required to grant us access to your accounts on these platforms. By doing so, you authorize us to collect, analyze, and use data obtained from these Third Party Platforms (“Company Data”), including customer data (“Your Customer Data”). You represent that you have the necessary rights to grant such access.

B. COMPANY DATA

You grant Apex Applications a non-exclusive license to use, reproduce, modify, and display any data (“Company Data”) you provide, including data obtained from Third Party Platforms, solely for the purposes of providing and enhancing the Services, delivering market insights, and related business purposes. This Company Data does not constitute confidential or personal information for the purposes of this Agreement.

You represent that you have all necessary rights and consents to grant us such access and use of Company Data, and you agree not to provide any data that violates any third party’s rights.

C. YOUR CUSTOMER DATA

We will only collect and process Your Customer Data to deliver the features and functionalities of the Services. Under no circumstances will we sell Your Customer Data or use it for marketing or promotional purposes. All handling of Your Customer Data will comply with applicable laws and regulations, and we will employ commercially reasonable safeguards to protect its security and confidentiality. However, please note that no Internet transmission can be guaranteed to be completely secure.

You acknowledge that we may use Your Customer Data in aggregated, anonymized form for statistical analysis and service improvement, provided that such aggregated data does not identify you or your customers without your prior written consent.

6. PUBLIC POSTINGS AND LICENSED MATERIALS

Any content you post publicly on the Services (including feedback, comments, images, videos, reviews, etc., collectively “Public Postings”) will be treated as non-confidential and non-proprietary. You are solely responsible for the content you post and the consequences thereof. We are not liable for any personal or sensitive information you choose to share publicly.

Any other communications or content you transmit to us (collectively, “Submissions”) will also be considered non-confidential and non-proprietary. By submitting Public Postings or Submissions, you grant Apex Applications a royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media worldwide. You further waive any moral rights associated with your content.

You represent and warrant that you own or have secured all necessary rights, consents, and permissions to post or submit any content, and that such content does not infringe on any third party’s intellectual property or violate any applicable law.

We reserve the right to remove any content that violates these Terms or that we deem objectionable, without notice.

7. WARRANTIES AND LIMITATIONS

If you are dissatisfied with the Services, your sole remedy is to discontinue using them. For fee-based Services with a fixed term, you remain responsible for all charges for the full term. If no minimum term has been agreed upon, you may cancel with 30 days’ notice; however, you will be liable for all charges incurred up to the termination date.

The Services and all related information, content, and materials are provided “as is” without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, or accuracy of data. We do not warrant uninterrupted, error-free, or virus-free access to the Services. Although data you submit may be password protected, you assume the risk associated with any transmission over the Internet.

8. LIMITATIONS OF LIABILITY

In no event shall Apex Applications or its affiliates be liable for any indirect, incidental, consequential, or special damages, or for loss of profits arising out of or in connection with this Agreement or your use (or inability to use) the Services—even if advised of the possibility of such damages.

The total aggregate liability of Apex Applications to you for any claims related to this Agreement or the Services shall not exceed the total fees paid by you to us during the six (6) months preceding the claim (or $10 if the Services were free). This limitation of liability is an essential term of this Agreement.

You agree to indemnify, defend, and hold harmless Apex Applications, its affiliates, and their respective officers, directors, and employees from any claims, damages, or losses arising from (i) your breach of this Agreement, (ii) any activity conducted under your account, (iii) your use of the Services, (iv) any violation of third party rights, (v) your noncompliance with applicable laws, or (vi) your submitted content or data. These obligations shall survive termination of this Agreement.

We shall not be liable for any events beyond our reasonable control (force majeure), including but not limited to natural disasters, acts of war, terrorism, civil disturbances, or network/hacker issues.

9. MODIFICATION OF TERMS

In the event of any conflict between this Agreement and any order form or other document, the terms of the order form shall prevail.

Apex Applications may change these Terms from time to time. We will notify you of any material changes via email (if you have provided a valid address) and/or by posting notice on our Services. Changes become effective upon notice or posting. If you do not agree with any changes, your sole recourse is to terminate this Agreement. Continued use of the Services after notice constitutes your acceptance of the changes.

10. MODIFICATIONS TO SERVICES

We reserve the right to modify or discontinue the Services at any time, with or without notice, including by adding or removing features, content, or functionality. In the event of such changes, your sole remedy is to terminate your subscription or this Agreement. Continued use of the modified Services will be deemed acceptance of such changes.

11. OWNERSHIP

Apex Applications and/or our vendors and suppliers retain all right, title, and interest in and to the Services, including all information, content, software, analytics, and related materials provided on or through the Services. All such content is protected by copyright and other intellectual property laws.

Unless otherwise expressly stated, all content available on the Services is either our property or the property of third parties. Any ideas, suggestions, or feedback submitted to us become the exclusive property of Apex Applications.

12. INTERNATIONAL USERS

The Services are controlled and operated by Apex Applications from within the United States. While we do not guarantee availability in locations outside the U.S., any use from abroad is subject to this Agreement. You agree not to access the Services in violation of any U.S. export laws or any applicable foreign laws.

13. ARBITRATION AND CLASS ACTION WAIVER

THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER WHICH AFFECT YOUR RIGHTS REGARDING DISPUTE RESOLUTION.

Informal Process: In the event of a dispute, you agree to contact us and attempt in good faith to resolve the dispute informally before resorting to arbitration or litigation.

Arbitration Election: You agree that any dispute arising under or related to this Agreement or the Services will be resolved exclusively by binding, individual arbitration conducted in accordance with the JAMS Comprehensive Arbitration Rules and Procedures. By agreeing to this clause, you waive your right to a trial by jury and to participate in any class or representative action. If any part of this provision is held unenforceable, then the remainder shall apply.

Arbitration Procedure: Arbitration will be conducted by a sole arbitrator, and any arbitration award may be enforced in any court of competent jurisdiction. Should the total amount of your claim be less than $10,000, Apex Applications will cover all reasonable arbitration filing, administrative, and arbitrator fees, unless the arbitrator determines that the claim is frivolous.

Small Claims Alternative: Alternatively, you may bring your claim in small claims court, subject to the rules of that court. You may only assert claims on your own behalf.

Opting Out:You may opt out of this arbitration agreement by notifying us in writing within 30 days of your first registration or acceptance of these Terms. To opt out, send your written notice—including your account name, physical address, email address, and a statement clearly indicating your intent to opt out of the arbitration agreement—to:

Apex Applications
Attn: Legal Department
[Your Company Address]
Email: info@apexapplications.io

If you do not opt out within the required timeframe, you agree to resolve any disputes through individual arbitration as set forth above.

14. MISCELLANEOUS

These Terms and your use of the Services are governed by the laws of the State of California, without regard to its conflict of law provisions, except that the arbitration provisions shall be governed by the U.S. Federal Arbitration Act. You consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, for any disputes not subject to arbitration.

You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. Any attempt to do so is void. In the event of a sale or transfer of Apex Applications, the successor will be bound by these Terms if it agrees to assume our obligations.

If you are a California resident, you may report any complaints to the Complaint Assistance Unit of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by calling (800) 952-5210.

This Agreement constitutes the entire understanding between you and Apex Applications regarding the subject matter hereof and supersedes all prior agreements. The failure of Apex Applications to enforce any provision of this Agreement shall not constitute a waiver of that provision. If any part of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Any claim arising under or related to this Agreement must be filed within six (6) months from the date the claim arose, or it will be forever barred.

For any questions regarding these Terms or the Services, please contact us at:

Apex Applications
Email: info@apexapplications.io