Terms of Service

These terms govern your use of ApexSpend and outline our mutual responsibilities. Please read them carefully before using our services.

Last updated: July 2, 2025 • Effective date: July 2, 2025

1. Agreement to Terms

  • By accessing or using ApexSpend, you agree to be bound by these Terms of Service
  • If you are using ApexSpend on behalf of an organization, you represent that you have authority to bind that organization
  • We may update these terms from time to time and will notify you of material changes
  • Your continued use of the service after changes constitutes acceptance of the revised terms
  • If you do not agree to these terms, you must discontinue use of our services immediately

2. Service Description

  • ApexSpend is a professional AI cost management and analytics platform
  • We provide real-time pricing data from major AI providers including OpenAI, Anthropic, Google, and others
  • Our services include cost calculations, usage analytics, budget management, and optimization recommendations
  • API access is available for enterprise customers to integrate with existing systems
  • We offer various subscription tiers with different features and usage limits

3. Account Terms

  • You must provide accurate and complete information when creating an account
  • You are responsible for maintaining the confidentiality of your account credentials
  • You must notify us immediately of any unauthorized access to your account
  • You may not share your account with others or create multiple free accounts
  • We reserve the right to suspend or terminate accounts that violate these terms

4. Acceptable Use Policy

  • Use the service only for lawful purposes and in accordance with these terms
  • Do not attempt to gain unauthorized access to our systems or other users' data
  • Do not interfere with or disrupt the service or servers
  • Do not use automated systems to access the service in a manner that exceeds reasonable human use
  • Do not resell, redistribute, or sublicense our services without written permission

5. Payment Terms

  • Subscription fees are billed in advance on a monthly or annual basis
  • All fees are non-refundable except as required by law or as explicitly stated
  • We offer a 30-day money-back guarantee for annual subscriptions
  • Prices are subject to change with 30 days notice for existing customers
  • Failed payments may result in service suspension after a 7-day grace period

6. Service Level Agreement

  • We target 99.9% uptime for all paid plans, calculated monthly
  • Scheduled maintenance windows are excluded from uptime calculations
  • Enterprise customers may be eligible for service credits for extended downtime
  • Pricing data is updated in real-time but accuracy depends on provider APIs
  • Support response times: Pro (24 hours), Enterprise (4 hours)

7. Intellectual Property Rights

  • ApexSpend and its original content, features, and functionality are owned by ApexSpend, Inc.
  • Our service is protected by copyright, trademark, and other intellectual property laws
  • You retain all rights to your data and content uploaded to our service
  • You grant us a license to use your data solely to provide and improve our services
  • You may not copy, modify, or distribute our software or content without permission

8. Data Ownership and Privacy

  • You retain all ownership rights to your data and usage information
  • We process your data in accordance with our Privacy Policy
  • You can export your data at any time through our API or dashboard
  • We will delete your data within 30 days of account termination upon request
  • We do not sell, rent, or share your data with third parties for marketing purposes

9. Confidentiality

  • We will maintain the confidentiality of your usage data and business information
  • You agree to maintain the confidentiality of any non-public information about our service
  • These confidentiality obligations survive termination of your account
  • Confidentiality obligations do not apply to publicly available information
  • We may disclose information if required by law or valid legal process

10. Warranties and Disclaimers

  • We provide our service 'as is' and 'as available' without warranties of any kind
  • We do not warrant that the service will be uninterrupted, secure, or error-free
  • Pricing data is provided for informational purposes and may not reflect exact provider pricing
  • We disclaim all warranties, express or implied, including merchantability and fitness
  • Your use of the service is at your sole risk

11. Limitation of Liability

  • Our total liability shall not exceed the amount paid by you in the past 12 months
  • We are not liable for indirect, incidental, special, or consequential damages
  • We are not responsible for third-party service outages or pricing changes
  • You acknowledge that pricing calculations are estimates and should be independently verified
  • These limitations apply to the fullest extent permitted by law

12. Indemnification

  • You agree to indemnify and hold ApexSpend harmless from any claims arising from your use
  • This includes claims related to your violation of these terms or applicable laws
  • You will defend us against any third-party claims at your expense
  • We may participate in the defense with counsel of our choosing at our expense
  • This indemnification obligation survives termination of your account

13. Termination

  • Either party may terminate the agreement at any time with 30 days notice
  • We may suspend or terminate your account immediately for violations of these terms
  • Upon termination, your right to use the service ceases immediately
  • You may request data export within 30 days of termination
  • Termination does not relieve you of payment obligations for services already provided

14. Governing Law and Disputes

  • These terms are governed by the laws of Delaware, United States
  • Any disputes shall be resolved through binding arbitration under AAA rules
  • The arbitration shall be conducted in Delaware with one arbitrator
  • You waive any right to jury trial or class action proceedings
  • Small claims court actions may be brought in your local jurisdiction

15. General Provisions

  • These terms constitute the entire agreement between you and ApexSpend
  • If any provision is found unenforceable, the remaining provisions continue in effect
  • Our failure to enforce any provision is not a waiver of our rights
  • You may not assign these terms without our written consent
  • Notices should be sent to legal@apexspend.com or your registered email address

Questions About These Terms?

If you have any questions about these terms or need clarification on any aspect of our service, our legal team is here to help.

Contact Legal TeamPrivacy Policy

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