Terms of Service

Last updated: March 26, 2026

These Terms of Service (“Terms”) govern your access to and use of the Apex platform, website, APIs, widgets, and related services (collectively, the “Service”) provided by The Brand Arsenal (“Company,” “we,” “us,” or “our”). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Definitions

  • “Tenant” means your organization or business account on the Service.
  • “User” or “you” means any individual who accesses the Service, including tenant owners, admins, and agents.
  • “End-Customer” or “Contact” means the individuals who interact with your business through the Service (via chat widget, social channels, email, etc.).
  • “Content” means any text, data, files, images, or other materials uploaded to, generated by, or transmitted through the Service.
  • “AI Features” means the artificial intelligence and machine learning features of the Service, including automated responses, brand voice training, knowledge base retrieval, and learning from feedback.

2. Account Registration

2.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must immediately notify us at security@apexchat.io if you suspect unauthorized access. We strongly recommend enabling two-factor authentication (2FA).

2.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to keep it up to date.

3. Use of the Service

3.1 License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription term.

3.2 Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
  • Send spam, unsolicited messages, or bulk communications through the Service
  • Transmit malware, viruses, or other harmful code
  • Attempt to gain unauthorized access to the Service, other accounts, or our infrastructure
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
  • Scrape, crawl, or use automated means to access the Service (except through our published APIs)
  • Use the Service to harass, abuse, threaten, or intimidate any person
  • Impersonate any person or entity, or falsely state or misrepresent your affiliation
  • Use the AI Features to generate content that is illegal, defamatory, obscene, or violates third-party rights
  • Circumvent or attempt to circumvent rate limits, usage quotas, or security measures
  • Use the Service to compete with or replicate the Service, including by training competing AI models on Service outputs
  • Resell, sublicense, or provide the Service to third parties as a managed service without our written consent

3.3 Usage Limits

Your use of the Service is subject to the limits of your subscription plan (conversations, team members, knowledge base entries, AI messages). If you exceed your plan limits, we may throttle or suspend certain features until you upgrade. We will provide reasonable notice before any suspension.

4. Intellectual Property

4.1 Our Intellectual Property

The Service, including all software, code, algorithms, AI models and training methodologies, user interfaces, designs, logos, trademarks, documentation, and any derivative works thereof, is the exclusive property of The Brand Arsenal and is protected by copyright, trademark, trade secret, patent, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service beyond the limited license in Section 3.1.

4.2 Apex Brand & Trademarks

“Apex,” “Apex by The Brand Arsenal,” the Apex logo, and all related names, logos, product and service names, designs, and slogans are trademarks of The Brand Arsenal. You may not use these marks without our prior written permission. All other names, logos, and brands are property of their respective owners.

4.3 Your Content

You retain ownership of the Content you upload, create, or transmit through the Service (knowledge base articles, FAQ entries, brand settings, conversation data, etc.). By using the Service, you grant us a limited, non-exclusive, worldwide license to use, process, store, and display your Content solely to provide, maintain, and improve the Service for your tenant. This license terminates when you delete your Content or your account.

4.4 AI-Generated Content

AI responses generated by the Service on behalf of your tenant are produced using your Content and knowledge base. You are responsible for the accuracy and appropriateness of AI-generated responses sent to your end-customers. We make no warranty that AI-generated content is accurate, complete, or suitable for any particular purpose.

4.5 Feedback

If you provide us with suggestions, feature requests, bug reports, or other feedback about the Service, you grant us an irrevocable, perpetual, royalty-free license to use that feedback for any purpose, including to improve the Service, without any obligation to you.

4.6 No Competitive Use

You may not use insights, data, or knowledge gained from the Service to develop, train, or improve any product or service that competes with the Service. This includes, without limitation, using AI outputs, conversation patterns, system prompts, retrieval architectures, or any other aspect of the Service’s functionality to build or enhance a competing platform.

5. Payment & Billing

5.1 Subscription Plans

The Service is offered on a subscription basis. Pricing, features, and limits are described on our pricing page and may be updated from time to time. We will provide at least 30 days’ notice before any price increase takes effect for existing subscribers.

5.2 Payment

Payment is processed through Stripe. By providing payment information, you authorize us to charge your payment method on a recurring basis according to your subscription plan. All fees are in U.S. dollars unless otherwise stated.

5.3 Free Trial

We may offer a free trial period. At the end of the trial, your account will be billed automatically unless you cancel before the trial expires. No credit card is required to start a trial.

5.4 Refunds

We offer a 30-day money-back guarantee for new subscribers. After 30 days, subscription fees are non-refundable except as required by applicable law. Downgrades take effect at the end of the current billing period.

5.5 Taxes

Prices do not include applicable taxes. You are responsible for any sales tax, VAT, or other taxes imposed by your jurisdiction.

6. Third-Party Integrations

The Service integrates with third-party platforms including Shopify, BigCommerce, Magento, WebShopManager, Facebook/Meta, Instagram, WhatsApp, Twilio (SMS), Slack, Telegram, TikTok, and Stripe. Your use of these integrations is subject to the terms and policies of those third parties. We are not responsible for the availability, accuracy, or practices of third-party services.

7. Data & Privacy

Our collection and use of personal information is described in our Privacy Policy. By using the Service, you agree to the terms of the Privacy Policy.

7.1 Your Responsibilities

As a tenant, you are the data controller for end-customer data collected through the Service. You are responsible for: (a) ensuring you have a lawful basis to collect and process end-customer data; (b) providing appropriate privacy notices to your end-customers; (c) responding to end-customer data access, deletion, or portability requests; and (d) complying with all applicable data protection laws (GDPR, CCPA, etc.).

7.2 Data Processing

We process end-customer data on your behalf as a data processor. If you require a Data Processing Agreement (DPA), contact legal@apexchat.io.

8. Service Availability & SLA

We target 99.9% uptime for the Service but do not guarantee uninterrupted or error-free operation. Scheduled maintenance windows will be communicated in advance. We are not liable for downtime caused by factors outside our control (internet outages, third-party service failures, force majeure events).

9. Termination

9.1 By You

You may cancel your subscription and close your account at any time from your account settings. Cancellation takes effect at the end of the current billing period. After cancellation, your data will be retained for 90 days (during which you may request an export), then permanently deleted.

9.2 By Us

We may suspend or terminate your account if: (a) you violate these Terms; (b) your use poses a security risk to the Service or other users; (c) you fail to pay fees when due after reasonable notice; or (d) we are required to do so by law. For violations that can be cured, we will provide at least 7 days’ notice and an opportunity to remedy the issue before termination.

9.3 Effect of Termination

Upon termination, your license to use the Service immediately ends. Sections that by their nature should survive termination will survive, including intellectual property rights, indemnification, limitation of liability, and dispute resolution.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

WE DO NOT WARRANT THAT AI-GENERATED RESPONSES WILL BE ACCURATE, COMPLETE, APPROPRIATE, OR ERROR-FREE. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND APPROVING AI-GENERATED CONTENT BEFORE IT IS SENT TO YOUR END-CUSTOMERS. THE AI FEATURES ARE TOOLS TO ASSIST YOUR BUSINESS — THEY DO NOT REPLACE HUMAN JUDGMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BRAND ARSENAL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless The Brand Arsenal and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; (d) your Content; or (e) AI-generated responses sent to your end-customers through the Service.

13. DMCA & Copyright Policy

We respect the intellectual property rights of others. If you believe that content on the Service infringes your copyright, you may submit a DMCA takedown notice to:

DMCA Agent
The Brand Arsenal
Email: dmca@apexchat.io

Your notice must include:

  1. Identification of the copyrighted work claimed to have been infringed
  2. Identification of the material that is claimed to be infringing and its location on the Service
  3. Your contact information (name, address, phone, email)
  4. A statement that you have a good faith belief that the use is not authorized
  5. A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf
  6. Your physical or electronic signature

We will respond to valid DMCA notices and may remove or disable access to the allegedly infringing material. Repeat infringers may have their accounts terminated.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict of law principles.

14.2 Arbitration

Any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Florida. The arbitrator’s decision shall be final and binding.

14.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14.4 Exceptions

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any order forms or plan descriptions, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or the right to enforce it in the future.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

15.5 Modifications

We may modify these Terms at any time. Material changes will be communicated by email or by posting a notice on the Service at least 30 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and cancel your account.

16. Contact Us

If you have questions about these Terms, contact us at:

The Brand Arsenal
Email: legal@apexchat.io
Website: apexchat.io