Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of the websites, software platforms, applications, and services provided by Apexor Analytics & Consulting Pvt. Ltd. (“Apexor,” “we,” “us”). By creating an account, clicking “I agree,” or using the Services, you agree to these Terms. If you are entering into these Terms for a company, you represent that you are authorized to bind it, and “you” means that company.

1The Services

Apexor provides subscription software (“Platform”) — including Apexor AI CRM, the Trades CRM, the Agency CRM, the Appointments Delivery Portal, and Solar 1 — and related professional services such as lead generation, appointment setting, AI sales-agent configuration, and marketing (together, the “Services”). The specific products, plans, quantities, and fees that apply to you are set out at sign-up or in an order form or subscription record (an “Order”).

2Eligibility & accounts

You must be at least 18 years old and able to form a binding contract. You are responsible for your account, for keeping your login credentials secure, and for all activity under your account. Notify us promptly at consulting@apexoranalytics.com if you suspect unauthorized use. You must provide accurate information and keep it current.

3Subscriptions, fees & billing

• Plans & pricing. Subscription fees are shown on your Order (for example, platform plans from $149/month, the Trades CRM from $45 per user/month, and AI call usage billed per minute). Per-user plans are billed on the number of active users; usage-based charges are billed as used.
• Billing cycle & auto-renewal. Unless your Order says otherwise, subscriptions are billed in advance each month and renew automatically until cancelled. You authorize us and our payment processors to charge your payment method for all fees when due.
• Taxes. Fees are exclusive of taxes. You are responsible for all applicable taxes, except taxes on our net income.
• Late / failed payment. If a charge fails or an amount is overdue, we may suspend the Services after notice until payment is made.
• Price changes. We may change fees for a renewal term with at least 30 days’ notice before that term begins.

4Free trials

If we offer a trial, it is provided for the period and on the terms stated at sign-up. Unless stated otherwise, at the end of a trial your subscription converts to a paid plan and your payment method is charged, unless you cancel before the trial ends. Trials are provided “as is” with no warranties.

5Cancellation & refunds

You can cancel at any time from your account settings or by contacting us; cancellation stops future renewals. Your subscription remains active until the end of the paid period, after which access ends. Fees already paid are non-refundable except as required by law. See the Refund Policy for details.

6Your data and your responsibilities

You retain all rights to the data you and your users submit to the Platform, including contact and lead records, messages, call recordings, and files (“Customer Data”). You grant us a limited license to host, process, and transmit Customer Data solely to provide and support the Services. Our handling of Customer Data as your service provider is governed by the Data Processing Agreement. You are responsible for:

• having the rights and permissions needed to upload Customer Data and to contact the people in it;
• the accuracy, quality, and legality of Customer Data;
• keeping your own backups. You are responsible for maintaining your own copies of Customer Data and for exporting and saving it from time to time. While we keep routine backups to operate the Services, we do not guarantee them and they are not a substitute for your own; and
• your users’ compliance with these Terms.

7Communications compliance (calls, texts & email)

For every person you contact through the Services, you will:

• obtain and maintain the consent required by law before calling or texting — including, where applicable, prior express written consent under the U.S. Telephone Consumer Protection Act (TCPA) for autodialed or AI/pre-recorded calls and texts;
• honor do-not-call requests and opt-outs promptly, and only contact people during lawful calling hours (generally 8:00 a.m.–9:00 p.m. in the recipient’s local time);
• comply with the CAN-SPAM Act for marketing email, including accurate headers, a valid physical address, and a working unsubscribe link; and
• comply with all other applicable laws and carrier and platform rules (including Twilio, WhatsApp, and email-provider policies).

We provide features to help (such as unsubscribe links, calling-hour windows, consent fields, and opt-out handling), but these are tools, not legal advice, and do not relieve you of your responsibilities. You will indemnify us for claims arising from your communications, as set out in Section 12.

8Acceptable use

You will not, and will not allow anyone to: use the Services for unlawful, deceptive, or harmful purposes; send spam or content you lack the right to send; upload malware; probe, scrape, overload, or interfere with the Services or their security; reverse engineer or copy the Platform; resell or provide the Services to third parties except as permitted by your Order; or use the Services to build a competing product. We may suspend access to address a material violation, a security risk, or a legal requirement, with notice where practical.

9Third-party services

The Services integrate third-party tools (for example, payment, email, telephony, mapping, and AI providers). Your use of a third-party service is governed by that provider’s terms, and we are not responsible for third-party services. If you connect an integration, you authorize us to exchange data with it as needed to provide the feature.

10Intellectual property

We and our licensors own all rights in the Platform, software, and documentation, and in any improvements and feedback you provide (you grant us a perpetual license to use feedback). Except for the limited right to use the Services under these Terms, no rights are granted to you. “Apexor” and our logos are our marks and may not be used without permission.

11Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted or error-free, or that AI-generated outputs (such as lead scores, drafted messages, or call summaries) will be accurate — you are responsible for reviewing them before you rely on them. Any uptime commitment is stated only in an applicable SLA.

12Limitation of liability & indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA. EXCEPT FOR YOUR PAYMENT OBLIGATIONS AND THE INDEMNITY BELOW, EACH PARTY’S TOTAL LIABILITY ARISING FROM THESE TERMS WILL NOT EXCEED THE FEES YOU PAID TO US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

You will defend and indemnify us against third-party claims arising from your Customer Data, your communications to your contacts, or your violation of these Terms or applicable law.

13Term & termination

These Terms apply while you use the Services. Either party may terminate for the other’s material breach that is not cured within 30 days of notice. On termination, your right to use the Services ends and you remain responsible for fees accrued. You may export Customer Data before termination; after the period described in the DPA, we may delete it.

14Changes to these Terms

We may update these Terms. We will post the updated Terms with a new “Last updated” date and, for material changes, give reasonable notice. Continued use after changes take effect means you accept them.

15Governing law & disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws rules. The exclusive venue for disputes is the state and federal courts located in Delaware, and each party consents to that jurisdiction. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

16General

These Terms (with your Order, the Privacy Policy, DPA, and any MSA/SLA) are the entire agreement on this subject. If a provision is unenforceable, the rest remains in effect. We may assign these Terms in connection with a merger or sale; you may not assign without our consent. Our failure to enforce a provision is not a waiver. Notices to you may be sent to your account email; notices to us go to consulting@apexoranalytics.com.

Questions about these Terms? Contact consulting@apexoranalytics.com or call +1 (917) 936-0110.