Legal

Terms of Service

Last updated: April 21, 2026

These Terms of Service ("Terms") govern your access to and use of the website, products, and services offered by Apex Engage Digital ("we," "us," or "our"). By accessing this website or purchasing any service, you agree to be bound by these Terms.

1. Eligibility

You must be at least 18 years old and capable of forming a binding contract under applicable law to use our services. By placing an order, you represent that you meet these requirements.

2. Services

We provide professional digital services including website development, graphic design, analytics implementation, influencer campaign management, performance marketing, and integrated search services. Specific deliverables and timelines for each engagement are described on the relevant service page or in a separate written statement of work ("SOW"). In the event of a conflict, the SOW controls.

3. Orders and payment

  • All prices are in U.S. dollars (USD) unless otherwise stated.
  • Payment is processed by Stripe, Inc. via a secure redirected checkout.
  • Orders are confirmed only after successful payment authorization.
  • You are responsible for any taxes, duties, or third-party fees applicable in your jurisdiction.
  • We reserve the right to refuse or cancel any order at our discretion, including for suspected fraud, abuse, or misrepresentation. In such cases, any payment made will be refunded in full.

4. Client responsibilities

To deliver work on time, we rely on your timely cooperation. By engaging us you agree to:

  • Provide accurate, complete, and lawful project information, materials, and access credentials.
  • Respond to questions and review requests within a reasonable timeframe (typically 3 business days).
  • Warrant that any content, brand assets, or third-party material you supply does not infringe any intellectual property rights, privacy rights, or applicable law.
  • Maintain backups of your own data and systems.

Delays caused by missing information or feedback may extend project timelines and are not grounds for refund.

5. Intellectual property

  • Pre-existing IP. Each party retains ownership of any intellectual property it brought to the engagement.
  • Deliverables. Upon receipt of full payment, you receive a worldwide, perpetual license to use the final deliverables for your business. Where applicable and explicitly stated in an SOW, ownership of custom work product is assigned to you.
  • Tools and frameworks. We retain ownership of our internal tools, methodologies, and frameworks (including any underlying code libraries) used to build deliverables.
  • Portfolio rights. Unless you opt out in writing before launch, we may showcase the work in our portfolio and case studies after public launch.

6. Confidentiality

Both parties agree to keep confidential information disclosed during the engagement private and to use it only for purposes of the engagement. This obligation survives termination for three (3) years.

7. Warranties and disclaimers

We perform services in a professional manner consistent with industry standards. Except as explicitly set out, services are provided "as is" and without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

8. Limitation of liability

To the maximum extent permitted by law, our total aggregate liability for any claim arising out of or relating to these Terms or the services shall not exceed the amount you paid us in the twelve (12) months preceding the claim. Neither party shall be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenue.

9. Indemnification

You agree to indemnify and hold us harmless from any claim, loss, or expense (including reasonable attorneys' fees) arising from (a) content or materials you supplied, (b) your breach of these Terms, or (c) your use of the deliverables in violation of law.

10. Termination

Either party may terminate an engagement for material breach if the breach is not cured within 14 days of written notice. Upon termination, you will pay for all work performed up to the termination date. Refunds, if applicable, are governed by our Refund Policy.

11. Acceptable use

You may not use our services to (a) send spam or unlawful communications, (b) build infringing, defamatory, harassing, or unlawful content, (c) violate the rights of others, or (d) attempt to disrupt the security or integrity of our systems or third-party systems.

12. Third-party services

Our services may rely on third-party platforms (e.g., Shopify, BigCommerce, WordPress, Google Ads, Meta Ads, Stripe). We are not responsible for outages, policy changes, or fee changes imposed by those third parties. You are responsible for maintaining accounts and complying with their terms.

13. Governing law and disputes

These Terms are governed by the laws of the State of Texas, USA, without regard to conflict-of-law principles. Any dispute shall be resolved exclusively in the state or federal courts located in Dallas County, Texas, and the parties consent to personal jurisdiction there.

14. Changes to these Terms

We may revise these Terms from time to time. The updated Terms will be posted on this page with a new "Last updated" date. Continued use of the services after changes constitutes acceptance.

15. Contact

Questions about these Terms? Email [email protected] or write to Apex Engage Digital, 8 THE GREEN SUITE A, DOVER, DE 19901.