Terms of Service & Privacy Policy

Apex Digital SMMA

Terms of Service & Privacy Policy

Effective Date: August 20, 2025   |   Version: 1.0


Terms of Service

1. Service Scope and Deliverables

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.

2. Payments, Refunds, and Chargebacks

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:

  • The full outstanding balance;
  • Interest on overdue amounts at the maximum rate permitted by law;
  • All collection costs, legal fees, and administrative expenses incurred by us.

Failure to provide payment after production or delivery constitutes breach of contract and may result in legal proceedings.

3. Client Obligations

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.

4. Intellectual Property Ownership

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.

5. Dashboard Access and Data

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.

6. Limitation of Liability

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.

7. Indemnification

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:

  • Your use of our services;
  • Content or materials you provide;
  • Any violation of these Terms or applicable law.

8. Termination

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.

9. Governing Law and Dispute Resolution

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.

10. Force Majeure

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.

11. Entire Agreement

These Terms constitute the full agreement between the Client and Apex Digital SMMA. Any other communications or representations are null unless agreed in writing.


Privacy Policy

Effective Date: August 20, 2025   |   Version: 1.0

Information We Collect

  • Account details (name, email, billing info)
  • Payment information (processed through secure third parties; we do not store full payment data)
  • Usage data (IP address, browser, interactions with our platform)
  • Cookies and tracking technologies

How We Use Your Information

  • To provide, manage, and improve services
  • To process payments and send invoices
  • To communicate with you regarding updates, support, and promotions (if opted-in)
  • To ensure security and compliance

Agent Access

You acknowledge that Apex Digital SMMA agents and staff may access your dashboard, projects, and data for support, troubleshooting, or service purposes.

Data Sharing

We do not sell your information.

Data may be shared only with:

  • Payment processors (e.g., PayPal, Stripe)
  • Service providers assisting in operations
  • Legal authorities if required by law

Data Security

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.

Client Rights

You may request access, correction, or deletion of your data by contacting us. Requests will be honored in compliance with applicable law.

Policy Changes

We may update this Privacy Policy at any time. Changes will be posted here and take effect immediately upon posting.

Contact

Apex Digital SMMA
Email: [Insert Contact Email]

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