Terms ofService

Welcome to Apex Digital Marketing (“Company,” “we,” “us,” or “our”). These Terms of Service govern your use of our website and the software, websites, web applications, custom code, and related digital services we provide. By accessing our website, entering into a service agreement, or placing an order, you agree to these Terms.

Apex Digital Marketing provides custom software development, website design and development, hosting, technical support, and related digital solutions. Specific deliverables, project scope, timelines, and technical requirements are set out in a separate Statement of Work (SOW), project proposal, or service agreement executed by the parties.

Unless the applicable SOW or proposal states otherwise, 50% of the total project fee is due before work begins. The remaining 50% is due when the project reaches the 50% completion milestone defined in that SOW or proposal. You authorize us to charge your designated payment method or issue invoices according to this schedule. Late payment may result in suspension of development, services, or final code or file deployment until the account is settled.

All payments made to Apex Digital Marketing are non-refundable under all circumstances. This includes upfront deposits, progress payments, final balances, custom software development, website design, API integrations, and recurring hosting, maintenance, technical support, and retainer fees. Payments remain non-refundable if a project is canceled or terminated at any stage.

Once payment has been made or work has commenced, refunds or credits will not be issued, including for early project termination, scope changes, or changes in business requirements.

Our pre-existing tools, proprietary frameworks, codebase templates, website graphics, and other materials on our website remain the sole property of Apex Digital Marketing. Subject to full and final payment of all project fees, ownership or licenses to final customized deliverables transfer to you as stated in the applicable SOW. We retain all rights and ownership until final invoices are paid in full.

You agree to provide true, accurate, and complete information during onboarding and project intake. You are responsible for safeguarding client portal credentials, server access keys, and API credentials provided to or by us.

To the fullest extent permitted by applicable law, Apex Digital Marketing is not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, server downtime, loss of data, or business interruption, arising out of or related to our software, websites, or services.

You agree not to interfere with or disrupt our software, servers, or services. Prohibited activities include:

• Transmitting viruses, malware, or malicious code through developed platforms.
• Attempting unauthorized access to system infrastructure, server backends, or source code repositories.
• Reverse engineering, scraping, or automated data mining on our platforms without written consent.
• Using hosted software or websites for unlawful or fraud-related purposes.

You agree to defend, indemnify, and hold harmless Apex Digital Marketing and its officers, directors, employees, contractors, and agents from claims, damages, liabilities, or costs (including reasonable legal fees) arising from your breach of these Terms, unauthorized project requests, or content you provide for inclusion in deliverables.

These Terms are governed by applicable state and federal laws, without regard to conflict-of-law principles. Any legal proceedings must be brought in the appropriate courts with jurisdiction.