Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a binding agreement between you ("User," "you," or "your") and APEXIS INC. ("Company," "we," "us," or "our"). By accessing and using our website, services, and products, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

We reserve the right to modify these Terms at any time. Your continued use of our services following the posting of revised Terms means that you accept and agree to the changes.

2. Use License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website and services for lawful purposes in accordance with these Terms. You agree not to:

• Use our services for any illegal or unauthorized purpose
• Violate any applicable laws, regulations, or third-party rights
• Reproduce, duplicate, copy, sell, resell, or exploit our services or content
• Transmit viruses, malware, or any other harmful code
• Attempt to gain unauthorized access to our systems or networks
• Engage in any form of harassment, abuse, or threatening behavior
• Interfere with or disrupt the operation of our services
• Engage in data scraping, crawling, or similar automated activities without permission

3. Intellectual Property Rights

3.1 Our Content

All content on our website and services, including text, graphics, logos, images, videos, and software, is the exclusive property of APEXIS INC. or our content suppliers and is protected by international copyright, trademark, and other intellectual property laws.

3.2 Your Content

If you submit, post, or display content through our services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content. You represent and warrant that you own or have the necessary rights to such content.

3.3 Restrictions

You may not reproduce, modify, distribute, display, or transmit any content without our prior written permission, except as necessary for personal, non-commercial use.

4. User Accounts

4.1 Account Registration

To use certain features of our services, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to maintain the confidentiality of your account credentials.

4.2 Account Responsibility

You are responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any breach of security.

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion.

5. Services and Products

5.1 Service Description

APEXIS INC. provides digital marketing services including, but not limited to, performance marketing, social media marketing, SEO, content marketing, marketing automation, and analytics. Specific services are described in our service agreements and proposals.

5.2 Service Modifications

We reserve the right to modify, suspend, or discontinue our services or any part thereof at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of our services.

5.3 Availability

While we strive to maintain continuous service availability, we do not guarantee uninterrupted access. We may perform maintenance or experience technical issues that temporarily affect service availability.

6. Payment Terms

6.1 Fees and Pricing

The fees for our services are as specified in your service agreement or proposal. All fees are exclusive of applicable taxes unless otherwise stated.

6.2 Payment Method

You agree to pay all fees and charges using the payment method you provide. You authorize us to charge your payment method for all amounts due.

6.3 Billing and Invoicing

Invoices will be provided according to the terms specified in your service agreement. Payment is due within the specified timeframe unless otherwise agreed upon in writing.

6.4 Refund Policy

Refund policies are determined on a case-by-case basis and are specified in your service agreement. Generally, refunds are not available for services already rendered.

7. Warranties and Disclaimers

7.1 Service Warranties

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. We make no other warranties, express or implied, regarding our services.

7.2 Results Disclaimer

We do not guarantee specific results from our marketing services. Results depend on various factors, including client cooperation, market conditions, and factors beyond our control. Past performance does not guarantee future results.

7.3 "As Is" Disclaimer

Our website and services are provided on an "as is" basis without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

8. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall APEXIS INC., its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, arising out of or relating to your use of our services or this agreement.

Our total liability to you for any claim shall not exceed the total amount you paid us in the 12 months preceding the claim, or if no services were purchased, $100.

9. Indemnification

You agree to indemnify, defend, and hold harmless APEXIS INC. and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from or relating to your use of our services, violation of these Terms, or infringement of any third-party rights.

10. Confidentiality

Each party agrees to maintain the confidentiality of any proprietary or confidential information disclosed by the other party. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

11. Termination

We reserve the right to terminate your access to our services at any time for violation of these Terms or for any reason at our sole discretion. Upon termination, your right to use our services will immediately cease.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Denver, Colorado.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating formal legal proceedings, you agree to attempt to resolve any dispute through good-faith negotiation with our management.

13.2 Arbitration

If negotiation fails, you agree that any dispute shall be resolved through binding arbitration rather than in court, except for injunctive relief. Arbitration shall be conducted according to the rules of the American Arbitration Association (AAA).

14. Contact Us

If you have questions about these Terms of Service or wish to report a violation, please contact us at:

15. Entire Agreement

These Terms, together with any additional terms and conditions, privacy policy, and any other agreements referenced herein, constitute the entire agreement between you and APEXIS INC. regarding your use of our services and supersede all prior agreements and understandings.