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Terms of Service

Effective: March 14, 2026

1. Agreement

These Terms of Service (“Terms”) govern your access to and use of the Apex platform, including the web dashboard, API, MCP server, apex.js snippet, and all related services (collectively, the “Service”) provided by Apex, Inc., a Delaware corporation (“Apex,” “we,” “us”).

By creating an account or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization.

2. Service Description

Apex is a cloud-based decision intelligence and experimentation platform. It enables organizations to:

  • Track assumptions and measure how sure you are about them
  • Design, run, and analyze experiments (A/B tests, split tests)
  • Log experiment results and update your certainty based on data
  • Access experimentation tools from within a development environment via MCP
  • Collect and analyze visitor behavior and conversion data via the apex.js snippet

3. Account Terms

  • You must be at least 18 years old to use the Service.
  • You must provide accurate and complete information when creating an account.
  • You are responsible for maintaining the security of your account credentials.
  • One person or legal entity may maintain no more than one free account.
  • You must promptly notify us of any unauthorized use of your account.

4. Acceptable Use

You agree not to:

  • Reverse engineer, decompile, or disassemble any part of the Service
  • Use the Service or API to build a competing product or service
  • Scrape, crawl, or otherwise extract data from the Service beyond normal use
  • Interfere with or disrupt the integrity or performance of the Service
  • Use the Service to collect data in violation of applicable privacy laws
  • Transmit malware, viruses, or other harmful code through the Service

5. Data Ownership & Intellectual Property

Your data: You retain all ownership rights in your data, including assumptions, experiments, results, and any content you create within the Service (“Customer Data”). We do not claim ownership of Customer Data.

Our platform: Apex, Inc. owns all rights in the Service, including the software, algorithms, AI models, documentation, branding, and all related intellectual property. Nothing in these Terms transfers ownership of the Service to you.

Feedback: If you provide suggestions or feedback about the Service, we may use it without obligation to you.

6. Anonymized Data License

You grant Apex, Inc. a non-exclusive, worldwide, royalty-free license to use anonymized, aggregated data derived from your use of the Service (“Anonymized Data”) to improve the Service. Anonymized Data includes structural experiment patterns (element types, change types, outcome directions, magnitude ranges) but never includes personally identifiable information, raw content, URLs, or any data that could identify you or your organization.

This Anonymized Data powers AI recommendations, benchmarks, and aggregate insights available to all users. You may opt out of anonymized data collection at any time through your account settings. Opting out will disable AI recommendation features that rely on aggregate data.

7. Billing & Cancellation

  • The Service is offered in tiers with usage-based pricing. Billing is monthly, based on the number of active experiments during the billing period.
  • You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period.
  • Upon cancellation, your data will remain accessible for export for 30 days. After 30 days, your data will be permanently deleted.
  • We may change pricing with 30 days’ notice. Continued use after the notice period constitutes acceptance.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APEX, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

9. Warranty Disclaimer

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY EXPERIMENT RESULTS OR AI RECOMMENDATIONS WILL BE ACCURATE.

10. Termination

We may suspend or terminate your access to the Service at any time for violation of these Terms, with or without notice. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination will survive.

11. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law provisions. Any dispute arising under these Terms shall be resolved in the state or federal courts located in Delaware.

12. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Service with a new effective date. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.

13. Contact

Questions about these Terms? Contact us at legal@apex.inc.