These Terms of Service ("Terms") constitute a binding agreement between Apex AI ("Company," "we," "us," or "our") and you ("Client," "you," or "your") for the use of our premium AI visibility and automation services ("Service"). By accessing our website at apexaiwork.com or subscribing to our Service, you agree to be bound by these Terms.
Apex AI provides premium AI-powered visibility and automation services designed to enhance your business presence and operational efficiency. Our Service includes:
The specific features and capabilities included in your subscription will be detailed in your account agreement and service documentation.
By using Apex AI's Service, you represent and warrant that:
Apex AI reserves the right to refuse Service to anyone at our discretion.
To use the Service, you must create an account with accurate, complete, and current information. You agree to:
Apex AI reserves the right to suspend or terminate accounts that violate these Terms or pose a security risk.
Subscription Cost: Our Service is provided on a subscription basis at a monthly fee of $5,000 USD.
Billing & Payment:
Taxes: All fees are exclusive of applicable sales, use, and other taxes. You are responsible for paying any applicable taxes unless you provide a valid tax exemption certificate.
Invoicing: Detailed invoices will be provided monthly and available through your account dashboard.
We stand behind our Service with our 90-Day Visibility Guarantee:
To activate this guarantee, you must provide documented baseline metrics and actively engage with our strategic recommendations throughout the 90-day period.
Apex AI IP: Apex AI retains all right, title, and interest in our Service, technology, tools, systems, processes, methodologies, and any materials created by us. This includes but is not limited to:
Client IP: You retain all right, title, and interest in your original content, data, business materials, and intellectual property that you provide to us. We do not claim ownership of any content you submit.
Grant of License: You grant Apex AI a limited, non-exclusive license to use your content and data solely for the purpose of providing the Service, improving our offerings, and creating aggregated, anonymized analytics that do not identify you.
Restrictions: You may not reproduce, modify, distribute, or create derivative works of any Apex AI intellectual property without express written permission.
Each party agrees to maintain the confidentiality of the other party's confidential information, including trade secrets, business strategies, technical data, and financial information, except:
Confidential information remains confidential for two years after the relationship ends.
Your use of our Service is subject to our Privacy Policy, which explains how we collect, use, protect, and share your information. Please review our Privacy Policy carefully. Key points include:
For questions about data handling, contact us at hello@apexaiwork.com.
Apex AI strives to maintain high availability of our Service. We target 99.9% uptime measured on a monthly basis, excluding scheduled maintenance and events beyond our reasonable control.
Scheduled Maintenance: We may perform routine maintenance with advance notice when possible. We will schedule maintenance to minimize disruption to your Service.
Service Interruptions: Apex AI is not liable for interruptions caused by:
Cap on Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, APEX AI'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO APEX AI DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
Exclusions: APEX AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, REVENUE, PROFITS, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Essential Term: These liability limitations are essential to our pricing model and you acknowledge that Apex AI would not provide the Service without these limitations.
Termination by Either Party: Either you or Apex AI may terminate this agreement at any time with thirty (30) days' written notice to the other party.
Immediate Termination: Apex AI may terminate immediately without notice if you:
Effects of Termination:
No Refunds: Except as expressly stated in the 90-Day Visibility Guarantee, all fees paid are non-refundable. Upon early termination initiated by you, you are responsible for all remaining monthly fees through your notice period.
Informal Resolution: Before initiating formal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation. Each party will assign a representative to discuss the matter and attempt resolution within 30 days.
Arbitration: If informal resolution fails, you and Apex AI agree that any dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted:
Each party shall bear its own attorney and arbitration fees, except the arbitrator may award fees to the prevailing party if permitted by law.
Exceptions: Either party may pursue injunctive relief in court for violations of intellectual property or confidentiality obligations.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. You consent to the exclusive jurisdiction of the Delaware courts for any legal proceedings arising from these Terms.
Apex AI reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Material changes will be communicated to you via email or notification in your account. Your continued use of the Service after modification constitutes acceptance of the updated Terms.
Entire Agreement: These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and Apex AI regarding the Service and supersede all prior negotiations, understandings, and agreements.
Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Waiver: Failure to enforce any right or provision shall not constitute a waiver of that right or provision.
Assignment: You may not assign these Terms without Apex AI's written consent. Apex AI may assign these Terms to a successor or affiliate.
Independent Contractors: The relationship between you and Apex AI is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, or employment relationship.
Notices: Legal notices must be sent in writing to the addresses specified in Section 16.
If you have questions about these Terms of Service or wish to provide notice, please contact us:
Apex AI
Email: hello@apexaiwork.com
Website: apexaiwork.com
We typically respond to inquiries within 7 business days.