These Terms of Service (“Terms”) are a binding agreement between you and [LEGAL ENTITY NAME, e.g. ApexReach, Inc.] (“ApexReach,” “we,” “us”) governing your access to and use of the ApexReach platform, websites, and related services (the “Service”). By creating an account, accessing, or using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization.
1. The Service
ApexReach is a business-to-business lead-generation and outbound platform. It lets customers search for businesses, obtain associated business contact data through third-party providers, and create and send commercial email campaigns. The Service depends on third-party providers (see our Subprocessors page) and we do not guarantee uninterrupted availability or any particular result.
2. Eligibility & accounts
You must be at least 18 and use the Service only for lawful business purposes. You are responsible for all activity under your account and for keeping your credentials secure. The Service is intended for business use and not for consumers.
3. Acceptable use
Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms. You are solely responsible for the content of messages you send and for complying with all laws applicable to your outreach, including anti-spam laws (e.g. CAN-SPAM, CASL, GDPR/ePrivacy where applicable) and data-protection laws.
4. Customer data & lead data
You are the controller of the personal data you collect, upload, or process through the Service, including contact data obtained via the Service’s enrichment features. You are responsible for establishing a lawful basis for processing that data and for honoring opt-out and deletion requests. Our handling of personal data is described in our Privacy Policy and, for business customers, our Data Processing Addendum.
5. Fees, billing & auto-renewal
Paid plans are billed in advance on a recurring monthly subscription basis through our payment processor, Stripe. Your subscription renews automatically each month and your payment method is charged the then-current plan price until you cancel. You may cancel at any time; cancellation takes effect at the end of the current billing period. Fees and our refund position are described in our Refund & Cancellation Policy. [CONFIRM tax handling and currency.]
6. Intellectual property
We retain all rights in the Service. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription. You retain rights in your own content.
7. Disclaimers & limitation of liability
THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. [COUNSEL: insert jurisdiction- appropriate warranty disclaimer and a liability cap, e.g. fees paid in the preceding 12 months, and exclusion of indirect/consequential damages.] We are not responsible for the accuracy of third-party lead data or for the deliverability of your messages.
8. Indemnification
You agree to indemnify ApexReach against claims arising from your content, your outreach, or your violation of these Terms or applicable law. [COUNSEL to finalize scope.]
9. Suspension & termination
We may suspend or terminate access for violation of these Terms or the Acceptable Use Policy, for non-payment, or where required to protect the Service or third parties.
10. Governing law & disputes
These Terms are governed by the laws of [GOVERNING LAW / JURISDICTION]. [COUNSEL: specify venue, and whether arbitration / class-action waiver applies.]
11. Changes & contact
We may update these Terms; material changes will be notified and may require re-acceptance. Questions: [[email protected]].