Apexor

Terms of Use

Effective Date: January 8, 2025

Welcome to Apexor (the "Website"). This Terms of Use Agreement (the "Agreement") is made and entered into by and between you and Apexor (the "Company," "us," "we," or "our"). This Agreement sets forth the terms and conditions that govern your use of and access to the Website and any products, materials, and services provided by or on the Website (collectively, the "Services").

Acceptance of this Agreement

By accessing or using the Services (or by clicking on "accept" or "agree" to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree, you may not use or access the Services and must exit the Website immediately.

Eligibility

To use the Website or any other Services, you must be (i) at least 18 years old, (ii) a resident of the United States, Canada, or the United Kingdom, and (iii) not a competitor of, or using the Services for purposes that are competitive with, the Company. By accessing the Services, you represent and warrant that you meet these eligibility requirements and have the right, authority, and capacity to enter into this Agreement.

Changes to this Agreement

The Company reserves the right to change this Agreement from time to time in its sole discretion. Except for changes made for legal or administrative purposes, the Company will provide reasonable advance notice before changes become effective. Your continued use of or access to the Services following any changes constitutes your acknowledgment of and agreement to be bound by such changes.

Access to the Services

Changes to your access. The Services may change as the Company evolves or refines its features. The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice. The Company shall have no liability for any losses caused by the Services being unavailable.

Creating an account. You may be required to register and provide accurate, complete, and updated information about yourself. All information you provide is governed by our Privacy Policy.

Account responsibilities. You are entirely responsible for maintaining the confidentiality of your password and account and for all activities associated with it. Notify the Company immediately of any actual or suspected unauthorized use.

Termination. The Company may suspend or terminate your account at any time in our sole discretion, including if we determine that you have violated this Agreement.

Acceptable Use

You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or general business of the Company.

You further agree not to: violate any applicable laws or contractual obligations; send unsolicited or unauthorized advertising or spam; impersonate others or misrepresent your affiliation; exploit or harm minors; harass or interfere with anyone's use of the Services; interfere with or disable the Services; copy, monitor, scrape, or distribute any part of the Services by automated means; upload viruses or other harmful software; attempt unauthorized access or violate security; reverse engineer the Services; or collect user data without consent. You also agree not to assist or encourage others to do any of the foregoing.

Geographic Restrictions

The Company is based in North America. By choosing to access the Services from any location, you accept full responsibility for compliance with all local laws. The Company makes no representations that the Services or any of its content are accessible or appropriate outside of supported regions.

Terms of Sale

Purchasing process. By clicking the checkout button, you open the third-party merchant checkout where you provide contact and payment details. After reviewing the order, you must confirm and submit it, accepting these Terms and committing to pay the agreed-upon price.

Order submission. The submission of an order creates the obligation to pay the price, taxes, and any further fees as specified on the order page. Upon submission, you will receive a receipt confirming the order.

Prices and payment. You are informed about all fees, taxes, and costs before order submission. All payments are processed independently through third-party services; the Website does not collect payment information directly. If a payment fails, the Company is under no obligation to fulfill the order.

Retention of usage rights. You do not acquire any rights to use the purchased Services until the total purchase price is received by the Company.

Subscriptions and Renewals

Subscriptions allow you to receive Services continuously over a determined period. Paid subscriptions begin on the day payment is received. To maintain a subscription, you must pay the recurring fee in a timely manner; failure to do so may cause service interruptions.

Subscriptions are automatically renewed through your chosen payment method unless you cancel within the deadlines specified. You will receive a reminder before each renewal. Recurring subscriptions may be terminated at any time by sending a clear termination notice to the Company. If notice is received before the subscription renews, termination takes effect at the end of the current period.

Intellectual Property

All intellectual property rights in the Services and its content, features, and functionality (the "Content") are owned by the Company, its licensors, or other providers. The Content is protected by intellectual property laws. Neither this Agreement nor your access to the Services transfers any right, title, or interest in such intellectual property to you.

During the term of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Content for any business or commercial use in accordance with this Agreement.

You shall not: copy, reproduce, publish, or distribute the Content; modify, create derivative works from, or reverse engineer it; sell, license, sublicense, transfer, or otherwise exploit the Content; remove proprietary notices; use the Content to build a competing product or service; or use any retrieval system to compile a database of the Content.

User Content

The Services may allow you to post content ("User Content"). You are solely responsible for your User Content. All User Content must comply with our Content Standards and will be considered non-confidential and non-proprietary.

You grant the Company an irrevocable, non-exclusive, royalty-free, transferable, perpetual, and worldwide license to reproduce, distribute, display, prepare derivative works of, and otherwise use your User Content in connection with the Services and the Company's business. You represent that you have all rights necessary to grant this license.

Content Standards. User Content must not violate any laws or contractual obligations; promote illegal activity or harm; infringe intellectual property rights; be defamatory, abusive, harassing, or otherwise objectionable; promote sexually explicit material or discrimination; contain false or misleading information or impersonate others; or imply endorsement by the Company without authorization.

SMS Program Terms

This campaign sends SMS notifications, alerts, and occasional marketing communications to customers who have opted in. You can cancel the SMS service at any time by texting STOP to the shortcode; we will confirm your unsubscribe status via SMS. Reply HELP for assistance. Carriers are not liable for delayed or undelivered messages. Message and data rates may apply, and message frequency varies. For privacy-related inquiries, please refer to our Privacy Policy.

Privacy

For information about how the Company collects, uses, and shares your information, please review our Privacy Policy. By using the Services you consent to the collection, use, and sharing of information as set forth in the Privacy Policy.

Termination

The Company may suspend or terminate your access to the Services at any time, for any reason, in our sole discretion, and without prior notice — including for any breach of this Agreement. Upon termination, your right to access and use the Services will immediately cease, and any provisions that by their nature should survive termination shall remain in full force and effect.

Disclaimer of Warranties

The Services are provided on an "as-is" and "as available" basis. Use of the Services is at your own risk. To the maximum extent permitted by applicable law, the Services are provided without warranties of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

The Company does not warrant that the Content is accurate, that the Services will meet your requirements, that the Services will be available uninterrupted or error-free, or that any defects will be corrected. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability

To the fullest extent allowed by applicable law, in no event shall the Company or its affiliates be liable to you or any third party for any damages of any kind arising out of or in connection with your use or inability to use the Services, including, without limitation, any loss of use, revenue, or profit, loss of business, loss of data, or for any consequential, incidental, indirect, exemplary, special, or punitive damages.

Your sole remedy for dissatisfaction with the Services is to stop using the Services. Some states do not allow the exclusion or limitation of certain damages, so the above limitation may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates and their respective officers, directors, employees, and agents from any losses, claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to your breach of this Agreement or your use or misuse of the Services, including your User Content or any actions taken by a third party using your account.

Governing Law and Disputes

All matters relating to this Agreement are governed by the laws of the Province of Quebec, Canada, without giving effect to any conflict-of-law principles. Any action or proceeding arising out of this Agreement shall be brought only in courts located in Montreal, Quebec, although we retain the right to bring suit in your country of residence.

At the Company's sole discretion, any dispute may be submitted to binding arbitration on an individual basis. You agree that you may bring claims only in your individual capacity and waive the right to a jury trial or to participate in a class action.

Any cause of action or claim you may have arising out of or relating to this Agreement or the Services must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action or claim is permanently waived and barred.

Miscellaneous

Waiver and severability. No failure or delay by the Company to exercise any right shall operate as a waiver. If any provision of this Agreement is found invalid, the remaining provisions remain in full force.

Entire agreement. This Agreement, together with all documents referenced herein, constitutes the entire agreement between you and the Company with respect to the subject matter contained herein.

Assignment. You shall not assign your rights or obligations without the Company's prior written consent. The Company may freely assign its rights and obligations under this Agreement.

Contact

All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to hello@apexor.ai or +1 438-500-1380.