Terms of Service

Welcome to ApexGenLabs. These Terms of Service ("Terms") govern your access to and use of the ApexGenLabs website, services, and any related content or materials (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

These Terms constitute a legally binding agreement between you and ApexGenLabs ("we," "our," or "us"). Please read them carefully before using our Services.

ApexGenLabs provides digital agency services including, but not limited to:

• Web Development: Custom websites, web applications, and CRM systems
• Mobile App Development: iOS, Android, and cross-platform applications
• E-Commerce Solutions: Shopify development, custom e-commerce platforms
• AI Visibility Optimization: Generative Engine Optimization (GEO) services
• SEO & Digital Marketing: Search engine optimization and marketing campaigns
• Digital Strategy: Consulting and strategic planning services

The specific scope, deliverables, and terms for each engagement will be outlined in a separate Statement of Work (SOW) or project agreement.

To use our Services, you must:

• Be at least 18 years of age
• Have the legal authority to enter into binding agreements
• Not be prohibited from using the Services under applicable law
• Provide accurate and complete information when requested

If you are using our Services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

If you create an account or client portal access with us:

• You are responsible for maintaining the security of your account credentials
• You must notify us immediately of any unauthorized access or security breach
• You are responsible for all activities that occur under your account
• You may not share your account credentials with third parties
• We reserve the right to suspend or terminate accounts that violate these Terms

5.1 Pricing and Invoicing

Project pricing, payment schedules, and terms will be specified in your project proposal or Statement of Work. Unless otherwise agreed:

• A deposit is required before work begins (typically 25-50% of project value)
• Invoices are due within 14 days of receipt
• All prices are in USD unless otherwise specified

5.2 Late Payments

Late payments may result in:

• Work suspension until outstanding invoices are paid
• Late fees of 1.5% per month on outstanding balances
• Collection actions for significantly overdue accounts

5.3 Refunds

Refund policies vary by service type and will be outlined in your project agreement. Generally:

• Deposits are non-refundable once work has commenced
• Work completed is billable regardless of project outcome
• Disputes should be raised within 7 days of deliverable receipt

6.1 Our Intellectual Property

ApexGenLabs retains all rights to:

• Our pre-existing tools, frameworks, and methodologies
• General knowledge, skills, and experience gained during engagements
• Our brand, trademarks, and marketing materials
• Proprietary code libraries and reusable components (unless explicitly transferred)

6.2 Client Intellectual Property

Upon full payment:

• Custom work created specifically for your project transfers to you
• You retain ownership of your pre-existing materials, content, and data
• We may retain the right to showcase work in our portfolio (with your permission)

6.3 Third-Party Materials

Projects may incorporate third-party software, fonts, images, or services. These remain subject to their respective licenses and terms.

You are solely responsible for any content, materials, or information you provide to us ("User Content"). You represent and warrant that:

• You own or have the right to use all User Content you provide
• User Content does not infringe on any third-party rights
• User Content is accurate and not misleading
• User Content complies with all applicable laws and regulations

You grant us a license to use User Content solely for the purpose of providing our Services to you.

You agree not to use our Services for any purpose that is:

• Illegal, harmful, or fraudulent
• Infringing on intellectual property rights of others
• Harassing, abusive, or discriminatory
• Spreading malware, viruses, or other harmful code
• Attempting to gain unauthorized access to our systems
• Interfering with the proper operation of our Services
• Violating any applicable laws or regulations

Both parties agree to maintain the confidentiality of proprietary information shared during the course of our engagement. This includes:

• Business strategies, plans, and financial information
• Technical specifications and source code
• Customer data and user information
• Any information marked as confidential

Confidentiality obligations survive the termination of our engagement and remain in effect for 2 years thereafter, unless otherwise agreed in writing.

We warrant that our Services will be performed in a professional and workmanlike manner consistent with industry standards.

We do not warrant that:

• Our Services will meet all of your requirements
• Our Services will be uninterrupted, timely, or error-free
• Results obtained from our Services will be accurate or reliable
• Any specific business outcomes or results will be achieved

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• ApexGenLabs shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability for any claims arising from our Services shall not exceed the amounts paid by you to us in the 12 months preceding the claim
• We are not liable for any loss of data, profits, revenue, or business opportunities

These limitations apply regardless of the form of action, whether in contract, tort, strict liability, or otherwise.

You agree to indemnify, defend, and hold harmless ApexGenLabs and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any third-party rights
• Any User Content you provide

13.1 Termination by You

You may terminate your engagement with us at any time by providing written notice. You will be responsible for payment of all work completed through the termination date.

13.2 Termination by Us

We may terminate or suspend your access to our Services immediately if:

• You breach these Terms or any project agreement
• You fail to make timely payments
• Your actions expose us to legal liability
• We are required to do so by law

13.3 Effects of Termination

Upon termination:

• All outstanding invoices become immediately due
• We will deliver any completed work upon payment
• Confidentiality and intellectual property provisions survive

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

Any disputes arising from these Terms or our Services shall be resolved through:

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website with an updated "Last Updated" date.

Your continued use of our Services after changes are posted constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.

For material changes, we will make reasonable efforts to notify you via email or prominent notice on our website.

If you have any questions about these Terms of Service, please contact us: