Terms of Service

1. Acceptance of Terms

By accessing or using the Apexium platform at apexium.team ("the Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you may not use the Platform. We reserve the right to update these Terms at any time; material changes will be communicated via email or an in-app notice. Your continued use after such notice constitutes acceptance.

2. Account Responsibilities

• You must be at least 18 years old to create an account.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
• You agree to provide accurate, current information during registration and to keep your profile up to date.
• You must notify us immediately at help@apexium.team if you suspect unauthorized access to your account.

3. Subscriptions and Billing

3.1 Free Trial

New subscribers may receive a 3-day free trial. During the trial you have access to platform features as described on the pricing page. If you do not cancel before the trial ends, your selected plan will automatically begin and your payment method will be charged.

3.2 Recurring Billing

Subscriptions are billed on a recurring monthly or annual basis depending on the plan you choose. All prices are displayed in US Dollars. Payments are processed securely through Stripe.

3.3 Cancellation

You may cancel your subscription at any time from your account settings. Upon cancellation, your access continues until the end of the current billing period. No prorated refunds are provided for partial billing periods.

3.4 Price Changes

We may adjust subscription pricing with at least 30 days' notice. Price changes take effect at the start of your next billing cycle after the notice period.

4. Credit Packs

Credits are a virtual currency used to purchase individual workflows and other platform resources. Credits are purchased in packs at the prices displayed on the Platform.

• Non-refundable. All credit pack purchases are final and non-refundable.
• No expiry. Purchased credits do not expire and remain in your account until used.
• Non-transferable. Credits cannot be transferred between accounts or exchanged for cash.

5. Done-For-You Services

Done-For-You (DFY) services are professional automation implementation engagements provided by the Apexium team.

• Custom pricing. DFY service pricing varies based on scope, complexity, and the tier selected. Pricing is presented on the relevant service pages and confirmed during onboarding.
• Monthly billing. DFY services are billed on a recurring monthly basis via Stripe. Billing begins upon onboarding confirmation.
• Cancellation. You may cancel a DFY engagement with 30 days' written notice. Work completed up to the cancellation date is not refundable.
• Deliverables. Specific deliverables, timelines, and SLAs are outlined in the service tier description or a separate scope-of-work document provided during onboarding.

6. Affiliate Program

Apexium operates a referral and affiliate program that allows registered users to earn commissions by referring new customers.

6.1 Commission Rates

Commission rates are set by Apexium and displayed on the affiliate dashboard. Rates may vary by product type (e.g., subscriptions vs. credit packs) and may be updated at our discretion with reasonable notice.

6.2 Clearing Period

All commissions are subject to a 45-day clearing period from the date of the referred transaction. This period exists to account for refunds, chargebacks, and fraud checks. Commissions from transactions that are reversed during the clearing period will be voided.

6.3 Payouts

Payouts are processed monthly for cleared balances that meet the $50.00 minimum payout threshold. If your cleared balance is below the minimum, it rolls over to the following month. Payout methods and schedules are detailed on the affiliate dashboard.

6.4 Prohibited Conduct

Affiliates may not use spam, misleading advertising, coupon/deal sites without approval, or any deceptive practices to generate referrals. Apexium reserves the right to withhold commissions and terminate affiliate accounts that violate these rules.

7. Intellectual Property

All content on the Platform — including but not limited to text, graphics, logos, UI design, code, and workflow configurations — is the intellectual property of Apexium or its licensors.

• Workflows are licensed for use and resale. When you purchase or download a workflow, you receive a license to use, modify, deploy, and resell that workflow for your own business operations and to your own clients, for as long as your Apexium subscription remains active.
• While your subscription is active, you have full rights to white-label, customize, resell, and deploy any purchased workflows to third parties as part of a managed service or standalone offering.
• If your subscription is canceled, your resale rights are revoked, but you may continue to use previously purchased workflows for your own internal business operations.
• Apexium retains all rights in the underlying workflow designs, templates, and intellectual property.

8. Acceptable Use Policy

You agree not to use the Platform to:

• Violate any applicable law, regulation, or third-party rights.
• Distribute malware, spam, or engage in phishing or other fraudulent activity.
• Attempt to gain unauthorized access to the Platform, other user accounts, or our infrastructure.
• Reverse-engineer, decompile, or otherwise attempt to extract the source code of the Platform.
• Scrape, crawl, or harvest data from the Platform by automated means without written permission.
• Use workflows for any purpose that is illegal, harmful, or violates the terms of the third-party tools those workflows integrate with.

We reserve the right to suspend or terminate accounts that violate this policy without prior notice.

9. Lead Harvester Chrome Extension — Proprietary Technology

The Apexium Lead Harvester Chrome extension ("Extension"), including but not limited to its source code, architecture, design, algorithms, user interface, API integration methods, data processing logic, lead scoring systems, keyword monitoring technology, and all associated documentation, is the exclusive proprietary property and trade secret of Apexium. The Extension is protected by United States and international copyright, trade secret, patent, and other intellectual property laws.

9.1 Non-Competition and Non-Replication Covenant

By accessing, installing, or using the Extension, or by creating an Apexium account and receiving an API key for use with the Extension, you expressly agree that you shall not, directly or indirectly, during the term of your subscription and for a period of two (2) years following termination or expiration of your subscription:

• Reverse engineer, decompile, disassemble, or decode the Extension or any component thereof, or attempt to derive the source code, algorithms, data structures, or underlying ideas or concepts of the Extension.
• Develop, create, design, commission, fund, or distribute any software, tool, browser extension, application, or service that replicates, imitates, or substantially resembles the functionality, features, or operation of the Extension, in whole or in part, including but not limited to Facebook group monitoring, automated lead identification, AI-powered lead scoring, automated direct messaging, keyword-based group monitoring, or member data extraction from social media platforms.
• Use knowledge, techniques, or insights gained from using the Extension to build, assist in building, or advise on the creation of any competing product or service.
• Share, disclose, or transfer any proprietary information about the Extension's functionality, methods, or technical implementation to any third party for the purpose of developing a competing product.
• Hire, engage, or contract any developer or third party to create a product that replicates the Extension's functionality based on your experience using the Extension.

9.2 Remedies for Breach

You acknowledge and agree that any breach or threatened breach of Section 9.1 would cause Apexium irreparable harm that cannot be adequately compensated by monetary damages alone. Accordingly, in the event of any such breach or threatened breach, Apexium shall be entitled to, in addition to any other remedies available at law or in equity:

• Injunctive relief: Immediate temporary, preliminary, and permanent injunctive relief to restrain you from continuing or commencing any infringing activity, without the requirement of posting a bond or proving actual damages.
• Cease and desist: You agree to immediately comply with any cease and desist demand issued by Apexium, including the immediate removal, takedown, and destruction of any infringing product from all platforms, app stores, websites, and distribution channels within seventy-two (72) hours of receiving such demand.
• Actual damages: Recovery of all actual damages suffered by Apexium, including but not limited to lost revenue, lost profits, diminished market share, damage to goodwill, and the cost of investigating and enforcing these Terms.
• Disgorgement of profits: Recovery of all profits, revenue, and financial gains you or any related party derived from the infringing product or activity.
• Statutory damages: Where applicable under copyright or trade secret law, election of statutory damages in lieu of actual damages.
• Attorney's fees and costs: Recovery of all reasonable attorney's fees, court costs, expert witness fees, and other litigation expenses incurred in enforcing these Terms.
• Liquidated damages: In addition to or in lieu of proving actual damages, you agree to pay Apexium liquidated damages in the amount of fifty thousand dollars ($50,000) per instance of breach, plus five hundred dollars ($500) per day for each day the breach continues after notification. You agree that this amount represents a reasonable estimate of the damages Apexium would suffer and is not a penalty.

9.3 Acknowledgment

You acknowledge that (a) the restrictions in this Section 9 are reasonable and necessary to protect Apexium's legitimate business interests and proprietary technology; (b) you have had the opportunity to review these Terms and seek independent legal counsel before agreeing; (c) breach of these provisions would cause substantial and irreparable injury to Apexium; and (d) the remedies specified herein are cumulative and are in addition to any other rights or remedies Apexium may have at law or in equity.

9.4 Survival

The obligations and restrictions set forth in this Section 9 shall survive the termination or expiration of your subscription, your account, and these Terms, and shall remain in full force and effect for the duration specified herein regardless of the reason for termination.

10. Disclaimer of Warranties

The Platform and all workflows are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Apexium does not guarantee that workflows will produce specific revenue results, that the Platform will be uninterrupted or error-free, or that defects will be corrected within any particular timeframe.

11. Limitation of Liability

To the fullest extent permitted by applicable law, Apexium, its owners, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform, including but not limited to lost profits, lost data, business interruption, or any damages resulting from workflows or automations you deploy.

Our total aggregate liability for any claim arising from or related to these Terms or the Platform shall not exceed the amount you paid to Apexium in the 12 months preceding the event giving rise to the claim.

12. Indemnification

You agree to indemnify and hold harmless Apexium and its officers, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from your use of the Platform, violation of these Terms, or infringement of any third-party rights.

13. Termination

We may suspend or terminate your account at any time if you violate these Terms, engage in fraudulent activity, or for any other reason at our sole discretion, with or without notice. Upon termination:

• Your access to the Platform and all associated services will cease immediately.
• Any unused credits in your account will be forfeited and are not refundable.
• Active subscriptions will be canceled with no further charges.
• Provisions that by their nature should survive termination (including limitation of liability, indemnification, and intellectual property) will remain in effect.

You may also delete your account at any time through your account settings or by contacting support.

14. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the United States. Any disputes arising from these Terms or your use of the Platform shall first be addressed through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

16. Contact Us

If you have questions about these Terms, please contact us at:

Email: help@apexium.team