Apex Sales AI platform logo

    Terms of Use

    Effective Date: September 20, 2026

    Last reviewed . Previous version effective July 19, 2026.

    IMPORTANT: MANDATORY ARBITRATION AND CLASS ACTION WAIVER

    1. Introduction

    Welcome to Apex Sales AI (“Apex Sales AI,” “Company,” “we,” “our,” or “us”). These Terms of Use (“Terms” or “Agreement”) govern your access to and use of our website, applications, and related products and services (collectively, the “Services”).

    By accessing or using our Services, you agree to be bound by these Terms on behalf of yourself or the entity you represent. If you do not agree, you must discontinue use of the Services immediately.

    IMPORTANT: MANDATORY ARBITRATION AND CLASS ACTION WAIVER

    PLEASE REVIEW THESE TERMS CAREFULLY. THESE TERMS IMPOSE MANDATORY INDIVIDUAL ARBITRATION AND A WAIVER OF CLASS ACTIONS AS SET FORTH IN SECTION 2 BELOW (THE “ARBITRATION AGREEMENT”), WHICH MEANS THAT SUBJECT TO CERTAIN LIMITED EXCEPTIONS: (I) ANY CLAIM, DISPUTE, OR CONTROVERSY ARISING FROM OR RELATING TO THE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING ANY RELATING TO THE FORMATION, BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, VALIDITY, SCOPE OR APPLICABILITY OF THE TERMS OR THE ARBITRATION AGREEMENT(EACH, A “CLAIM”), MUST BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS; AND (II) YOU GIVE UP THE RIGHT TO TRIAL BY JURY AND PARTICIPATION AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY KIND WITH RESPECT TO ANY CLAIM. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT-OUT PROCEDURES DESCRIBED IN SECTION 2(e), YOU WILL BE BOUND BY THE ARBITRATION AGREEMENT. BY AGREEING TO THE TERMS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND EXPRESSLY AGREE TO THE ARBITRATION AGREEMENT AND HAVE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

    BY CLICKING A BUTTON OR CHECKING A BOX MARKED “I AGREE”, “SIGN UP”, “JOIN” OR SOMETHING SIMILAR INDICATING THAT YOU AGREE TO BE BOUND BY THE TERMS, REGISTERING FOR AN ACCOUNT WITHIN THE SERVICES, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS, INCLUDING ANY UPDATES OR REVISINGS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU ARE ENTERING INTO THE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED AND LAWFULLY ABLE TO BIND SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES, AND YOU MUST UNINSTALL ANY COMPONENTS OF THE SERVICES FROM ANY DEVICE WITH YOUR CUSTODY OR CONTROL.

    Additionally, you confirm that you are at least 18 years old (or the age of majority in your jurisdiction). You may not use the Services if prohibited by law.

    2. ARBITRATION AGREEMENT

    The Agreement shall be treated as though it were executed and performed in Florida and shall be governed by and construed in accordance with the laws of the State of Florida (without regard to conflict of law principles). The parties hereby agree to arbitrate all claims that may arise under and/or relate to the Services and/or the Agreement. Without limiting the foregoing, should a dispute arise between the parties without limitation, any matter concerning the Services, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in Florida in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice. The parties named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys’ fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

    To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against us. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that we incur in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.

    3. Changes to These Terms

    We may update or modify these Terms from time to time. For material changes, including any change to fees, the limitation of liability, the licence you grant us, or what happens to your data when you leave, we will email account holders at the address on file at least 30 days before the change takes effect. Other changes take effect when posted. Your continued use of the Services after a change takes effect constitutes acceptance of the change. If you do not agree, you may cancel before the effective date and Section 10 will apply.

    4. Accounts and Responsibilities

    Account Creation: Certain features may require an account. You must provide accurate, complete, and current information.

    Security: You are responsible for safeguarding your login credentials and for any activity under your account.

    Unauthorized Use: Notify us immediately at info@apexsales.ai if you suspect unauthorized access to your account.

    Who may use your account: Your account is for your own business and the staff you add to it. Each person must use their own login. You may not share logins, give access to another agency or business, or resell, sublicense, or otherwise make the Services available to third parties, and we may suspend accounts that are being used this way.

    Your equipment: You are responsible for the computers, phones, headsets, internet connection, and any carrier or data charges you need to use the Services. Call and message quality depends in part on your connection and equipment.

    5. PROHIBITED USES AND CONTENT STANDARDS

    You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

    • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
    • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
    • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in this Section 5.
    • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
    • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
    • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

    Additionally, you agree not to:

    • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
    • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
    • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
    • Use any device, software or routine that interferes with the proper working of the Website or the Services.
    • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
    • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
    • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
    • Otherwise attempt to interfere with the proper working of the Website or the Services.

    6. Messaging and Calling Compliance

    The Services let you call and text consumers. You, not APEX, are the sender of every call and message placed through your account, and you are solely responsible for making sure each one is lawful. By using the calling or messaging features you represent, warrant, and agree that:

    • Consent. You hold the level of consent required by the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, and applicable state law for every number you contact, including prior express written consent before sending any marketing text message or placing any marketing call using an automated system, AI voice, or prerecorded message. You will keep a record of when, where, and how each consent was obtained and produce it to us within 2 business days of our request. If you cannot, we may suspend messaging from your account until you can, and repeated failures may result in termination.
    • Do-Not-Call. You will scrub every list against the National Do Not Call Registry and any applicable state registry before contacting it, maintain your own internal do-not-call list, and honour it. You will not contact a number on any of those lists unless an exemption applies and you have confirmed it does.
    • Opt-outs. You will honour every opt-out request immediately, whether it arrives as STOP, UNSUBSCRIBE, a verbal request, or any other reasonable means, and you will not disable, bypass, or delay the automatic opt-out handling built into the Services.
    • Calling and quiet hours. You will not call or text outside the hours permitted by federal law (8 a.m. to 9 p.m. in the recipient’s local time) or the stricter hours some states impose. Our state telemarketing guide is general information only; you are responsible for confirming the rules that apply to you.
    • A2P 10DLC registration. Before sending application-to-person text messages you will complete brand and campaign registration through the Services, provide accurate information, and send only messages that match the use case you registered. You will not send content prohibited by carriers, including anything related to SHAFT (sex, hate, alcohol, firearms, tobacco), cannabis, or high-risk financial offers.
    • Opt-out instructions. The first text message you send to any number, and at least one message in every ongoing conversation each month, will include “Reply STOP to unsubscribe” or an equivalent standard opt-out keyword instruction, and you will not remove or alter the opt-out instructions the Services add automatically.
    • Identification and content. Every message will identify you or your agency, be truthful, and comply with the advertising and marketing rules that apply to insurance producers, including any carrier or Centers for Medicare & Medicaid Services (CMS) marketing rules that apply to the products you sell.
    • Call recording. Call recording is off by default. If you turn it on, you are the party recording and you will obtain the consent that the law of every relevant state requires, including all-party consent where the state requires it, before the call is recorded.
    • Lead sources. You will only upload contacts you have a lawful basis to contact, and you will not purchase or upload lists where consent was not obtained for you specifically or was obtained in a way that does not meet the one-to-one consent standard where it applies.

    Delivery is not guaranteed. Messages and calls pass through carriers and other networks we do not control. A carrier may filter, delay, or block a message, or reject a call, without telling us why, and the reliability and features available vary by route and destination. We are not liable for messages or calls that are delayed, blocked, or not delivered, and usage fees for messages the carrier accepted still apply.

    We may suspend or throttle calling or messaging from your account, without prior notice, if we receive carrier complaints, spam reports, regulator or law enforcement inquiries, or otherwise reasonably believe your use violates this Section. We may also be required by carriers to share your registration information and message samples with them. You will defend, indemnify, and hold APEX harmless from any claim, fine, penalty, or carrier charge arising from calls or messages sent from your account, as set out in Section 17.

    7. Purchases, Payment, and Automatic Renewal

    Payment Terms: Fees are due as specified during checkout or in a separate written agreement. Current plan prices are shown on our pricing page, and usage-based messaging rates are set out in our billing terms.

    Automatic renewal: Subscriptions renew automatically at the end of each billing period (monthly or annual, as you selected at checkout) at the then-current price for your plan, and your payment method on file will be charged, until you cancel. We will show you the renewal price and frequency before you first subscribe. We may change our fees on at least 30 days’ notice by email; a fee change applies from your next renewal after the notice period, and you can cancel before then if you do not accept it. We will also email you before each annual renewal.

    Cancelling: You can cancel at any time from your account settings or by emailing info@apexsales.ai; cancelling takes no more steps than signing up. Cancellation stops the next renewal charge. You keep access until the end of the period you have already paid for.

    Refunds: Except where the law requires otherwise or our billing terms say so, fees already paid are non-refundable, and there are no refunds or credits for partial periods.

    Taxes and carrier fees: Prices exclude sales tax and carrier pass-through fees, which are added where applicable.

    8. Intellectual Property

    The Services and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (the “Licensed Content”), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

    Company grants you a personal, non-transferable and non-exclusive right and license to use the Services on a computer or other device and the Licensed Content; provided that you do not and do not allow any third party to copy, reproduce, distribute, reverse engineer or otherwise exploit any content, code, data or materials on the Services. You agree not to modify the Services in any manner or form, nor to use modified versions of the Services for any purpose. Except as provided in this Section 8, no right, title or interest in or to the Services or any Licensed Content is transferred to you. Company, its licensors and other providers retain all respective right, title and interest (including all copyright, trade secret, trademark, patent and other rights) in and to the Services (including its interface and any underlying software or technology) and the Licensed Content. Any use of the Services or the Licensed Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

    You may use the Licensed Content only in connection with use of the Services and only as expressly permitted, and you may not otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Licensed Content.

    If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of these Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

    9. Your Data and User Content

    You own your data. Everything you upload to or create in your account, including your leads, clients, contact lists, notes, pipeline data, message history, call recordings, and transcripts (“Customer Data”), and any other content you submit (“User Content”), belongs to you. Nothing in these Terms gives APEX ownership of it.

    Limited licence to APEX. You grant APEX a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, display, and process Customer Data and User Content solely as necessary to provide, secure, and support the Services for you, to comply with law, and as you otherwise direct. This licence ends when the data is deleted from the Services under Section 10, except that we may keep the copies described in that Section for as long as it says.

    What we will not do. We will not sell your Customer Data, use it to market to your contacts, share it with other customers, or use it to train third-party AI models. We may create aggregated, de-identified statistics from your use of the Services as described in our Privacy Policy.

    Your responsibilities. You are responsible for the accuracy and lawfulness of your Customer Data, for having the right to upload it, and for complying with the privacy notices you have given your own clients. User Content must comply with applicable laws and must not be harmful, infringing, defamatory, or otherwise objectionable.

    10. Data Export and Deletion When You Leave

    Export window. For 30 days after your subscription ends, for any reason, you can export your Customer Data from the Services in a commonly used, machine-readable format (CSV for records, and the original audio and text files for recordings and transcripts). If you cannot access the export tools, email info@apexsales.ai within the window and we will provide the export.

    Deletion. After the export window closes we delete your Customer Data, recordings, and transcripts from our production systems within 60 days, and from encrypted backups within a further 90 days. On written request we will confirm deletion.

    What survives. We keep billing and transaction records, SMS consent and opt-out records, and any information we must retain to comply with law, resolve disputes, or enforce our agreements, for the periods stated in our Privacy Policy. Opt-out suppressions are kept so that a number that opted out is never messaged again from your account.

    Suspension for cause. If we terminate your account for a material breach of Section 5 or Section 6, we may withhold export until any carrier fines or amounts you owe us are paid, but we will not delete your Customer Data during the export window.

    11. Confidentiality

    Both parties agree to protect confidential information disclosed in the course of using the Services and to use it only for purposes related to the Services.

    12. Third-Party Services

    The Services depend on third-party providers, including telephone carriers and our SMS and voice provider, our payment processor, and, if you connect them, Google Calendar and Google Meet. Those providers’ terms and acceptable use policies apply to your use of their services through APEX, and we may pass their requirements (for example, carrier messaging rules and fees) on to you. We are not responsible for the availability or acts of third-party services, and connecting a third-party account to APEX is your choice and subject to that provider’s privacy policy. Our current providers are listed in our Privacy Policy.

    13. Service Availability

    We work to keep the Services available around the clock, and we will give reasonable advance notice of planned maintenance where we can. Unless you have a separate written agreement with us that says otherwise, we do not offer a service level commitment, uptime guarantee, or service credits, and the Services may be unavailable from time to time for maintenance, updates, carrier outages, or events outside our control.

    We may add, change, or retire features of the Services. If we retire a feature that is material to your plan, we will give you at least 30 days’ notice by email. The Services are offered to businesses in the United States; phone numbers, messaging, and calling may not be available for, or may work differently in, other countries, and you are responsible for complying with the laws of any country you contact.

    14. Termination

    We have the right to:

    • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services
    • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

    You may terminate at any time by cancelling under Section 7. Whichever party terminates, Section 10 governs the export and deletion of your Customer Data.

    Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

    15. Disclaimers

    THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

    You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. Use of the Services is at your own risk. The Services are provided on an “as is” and “as available” basis. Company and its affiliates, suppliers and partners expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

    Additionally, Company and its affiliates, suppliers and partners make no warranty that:

    • The Services will meet your requirements.
    • The Services will be uninterrupted, timely, secure or error-free.
    • There will be no errors in the Services or that Company will fix any errors.
    • Any materials downloaded or otherwise obtained through use of the Services are provided at your own discretion and risk, and Company shall not be responsible for any damage caused to your computer or data or for any bugs, viruses, trojan horses or other destructive code resulting from use of the Services.

    The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

    16. Limitation of Liability

    IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY SERVICE PROVIDERS AND OTHER THIRD PARTIES. IF, NOTWITHSTANDING THE FOREGOING DISCLAIMER, THE COMPANY IS DETERMINED TO BE LIABLE TO YOU, YOU AGREE THAT IN NO EVENT SHALL THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO THE COMPANY FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100.00). THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES.

    17. Indemnification

    You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, the submission of your User Data, your User Contributions, or any use of the Services, the Website’s content, or any products obtained through the Website or Services.

    Without limiting the above, this indemnity expressly covers any claim, demand, investigation, class or representative action, statutory damages, fine, penalty, or carrier charge arising from calls or messages sent from your account or from your Customer Data, including claims under the TCPA, the Telemarketing Sales Rule, state telemarketing, do-not-call, mini-TCPA, and call recording laws, and carrier or A2P 10DLC rules, whether brought against you, against APEX, or against both. We will notify you promptly of any such claim, allow you to control the defence with counsel reasonably acceptable to us, and cooperate at your expense, but you may not settle any claim that admits fault on our behalf or imposes obligations on us without our written consent.

    If you use the Services on behalf of an agency, carrier, upline, or other business, you also agree to indemnify and hold APEX harmless from any claim brought against APEX by that business that is based on your use of the Services.

    18. Governing Law and Dispute Resolution

    These Terms shall be governed by the laws of the State of Florida, without regard to its conflict of law rules.

    Subject to the Arbitration Agreement in Section 2, any dispute that is not required to be arbitrated, any action to compel arbitration or enforce an arbitration award, and any claim for injunctive relief will be brought exclusively in the state or federal courts located in Hillsborough County, Florida, and you consent to their jurisdiction.

    19. Force Majeure

    Neither party is liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, labour disputes, government action, carrier or telecommunications network outages, internet or utility failures, denial-of-service attacks, or failures of third-party services, provided the affected party uses reasonable efforts to resume performance.

    20. Assignment

    You may not assign or transfer these Terms or your account, by operation of law or otherwise, without our prior written consent, and any attempt to do so is void. We may assign these Terms without your consent to an affiliate or to a successor in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, and we will notify you if we do. These Terms bind and benefit the parties and their permitted successors and assigns.

    21. Notices

    We may give you notice by email to the address on your account, by posting in the Services, or by posting on our website, and notice is effective when sent or posted. You must give us formal notice (including any arbitration opt-out or Initial Dispute Notice under Section 2) by email to info@apexsales.ai with the subject line “Legal Notice”, and it is effective when we confirm receipt. Keep the email address on your account current; notice to a stale address is still effective.

    Consent to electronic communications. By using the Services you consent to receive notices, agreements, disclosures, receipts, and other communications from us electronically, and you agree that electronic communications satisfy any legal requirement that a communication be in writing. You may withdraw this consent by closing your account. You will need a device with internet access and a current email address to receive them, and you can request a paper copy of any notice by emailing us.

    22. Waiver and Severability

    No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

    If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

    23. Entire Agreement

    These Terms of Use, together with our Privacy Policy, Billing Terms, and Cookie Policy, constitute the sole and entire agreement between you and the Company regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. Section headings are for convenience only and do not affect interpretation.

    Contact Information

    Apex Sales AI

    Email: info@apexsales.ai

    Phone: +1 813 588 2590

    By using our Services, you acknowledge that you have read, understood, and agreed to these Terms of Use.

    General information, not legal advice

    Where these Terms describe laws such as the TCPA, do-not-call rules, calling hours, or call recording consent, they do so to set out your obligations to APEX. They are general information only and are not legal advice about your own compliance. Consult a qualified attorney about how those laws apply to your business.