Terms of Service & Privacy Policy
Effective Date: August 20, 2025 | Version: 1.0
Apex Digital SMMA provides SaaS tools, website development, marketing automation, and related digital services.
Our team will make reasonable efforts to communicate project scope and timelines; however, due to revisions, technical issues, or third-party delays, NO FIXED DELIVERY TIMELINE IS GUARANTEED.
The due date may be extended indefinitely at our sole discretion.
You acknowledge that service delays, regardless of length, DO NOT ENTITLE YOU TO REFUNDS, CHARGEBACKS, OR DAMAGES.
All fees are due as stated in your invoice or subscription plan.
REFUNDS ARE AT THE SOLE DISCRETION OF APEX DIGITAL SMMA. Transparency will be provided if requested, but we are under NO OBLIGATION to provide refunds.
YOU EXPRESSLY AGREE NOT TO DISPUTE CHARGES THROUGH YOUR BANK, PAYPAL, OR CREDIT CARD PROVIDER (NO CHARGEBACKS). Doing so constitutes a BREACH OF CONTRACT.
In the event of late or failed payments, you will be responsible for:
Failure to provide payment after production or delivery constitutes breach of contract and may result in legal proceedings.
You agree to provide accurate information necessary for service delivery.
You are responsible for maintaining the confidentiality of your login credentials.
You are solely responsible for the legality, accuracy, and compliance of content you provide.
ALL INTELLECTUAL PROPERTY CREATED OR PROVIDED BY APEX DIGITAL SMMA REMAINS THE SOLE PROPERTY OF THE COMPANY.
Clients are granted only a NON-TRANSFERABLE, NON-EXCLUSIVE, REVOCABLE LICENSE to use deliverables for their business purposes.
NO OWNERSHIP OR TRANSFER OF INTELLECTUAL PROPERTY OCCURS UNLESS EXPLICITLY STATED IN WRITING BY THE COMPANY.
By using our platform, you ACKNOWLEDGE AND CONSENT that our authorized agents and staff may access your account, dashboard, and project information for support, maintenance, and service delivery.
ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, APEX DIGITAL SMMA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION).
OUR TOTAL LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO US IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow exclusion of liability for certain damages; in such cases, our liability shall be limited to the fullest extent permitted by law.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS APEX DIGITAL SMMA, ITS EMPLOYEES, CONTRACTORS, AND AFFILIATES FROM ANY CLAIMS, DAMAGES, LIABILITIES, COSTS, OR EXPENSES ARISING FROM:
WE MAY SUSPEND OR TERMINATE YOUR ACCESS AT ANY TIME, WITH OR WITHOUT CAUSE, WITHOUT LIABILITY.
Upon termination, ALL LICENSES GRANTED TO YOU WILL IMMEDIATELY CEASE, AND OUTSTANDING BALANCES WILL REMAIN DUE.
These Terms are governed by and construed under the laws of Ontario, Canada.
ANY DISPUTES SHALL BE RESOLVED THROUGH BINDING ARBITRATION IN ONTARIO, CANADA.
CLASS ACTIONS, COLLECTIVE ACTIONS, AND JURY TRIALS ARE WAIVED.
CLAIMS MUST BE BROUGHT WITHIN SIX (6) MONTHS OF THE EVENT GIVING RISE TO THE CLAIM.
We shall not be held liable for delays or failures caused by events beyond our reasonable control, including but not limited to natural disasters, technical outages, cyberattacks, labor disputes, or government actions.
These Terms constitute the full agreement between the Client and Apex Digital SMMA. Any other communications or representations are null unless agreed in writing.
Effective Date: August 20, 2025 | Version: 1.0
You acknowledge that Apex Digital SMMA agents and staff may access your dashboard, projects, and data for support, troubleshooting, or service purposes.
We do not sell your information.
Data may be shared only with:
We implement reasonable security measures, but no system is 100% secure.
You agree that we are not liable for unauthorized access, breaches, or damages beyond our control.
You may request access, correction, or deletion of your data by contacting us. Requests will be honored in compliance with applicable law.
We may update this Privacy Policy at any time. Changes will be posted here and take effect immediately upon posting.
Apex Digital SMMA
Email: [Insert Contact Email]
Copyright 2025. Apex Digital Smma. All Rights Reserved.