Terms of Service

Effective date: [EFFECTIVE DATE] · Last updated: [LAST UPDATED DATE]

These Terms of Service ("Terms") are an agreement between [LEGAL ENTITY NAME] ("Apex," "we," "us") and the business or organization that accesses or uses Apex ("Customer," "you"). By using the Services you agree to these Terms. If you accept on behalf of an organization, you represent that you have authority to bind it. [IF AN ORDER FORM OR MSA EXISTS, STATE WHICH CONTROLS.]

1. The Services

Apex provides a web-based sales call coaching platform that may include a built-in dialer powered by Twilio, call recording, transcription, AI call scoring and coaching reports, voicemail, CRM features, and integration with Customer-provided VoIP systems (the "Services"). Features vary by plan.

2. Accounts

You are responsible for your users, for keeping credentials secure, and for all activity under your account. You must provide accurate account information.

3. Customer responsibilities: call recording and calling laws

You are solely responsible for using the Services in compliance with all applicable laws, including:

Call recording and wiretap laws, including obtaining any required notice and consent from every party to a recorded call. See our Call Recording & Consent notice.
The Telephone Consumer Protection Act (TCPA), state telemarketing and "mini-TCPA" laws, the Telemarketing Sales Rule, and Do-Not-Call rules, including consent for autodialed, prerecorded, or artificial-voice calls and texts.
Privacy laws applicable to the personal information you upload or collect, including providing notices to the people you call.

You will indemnify Apex for claims arising from your failure to comply with these laws. [COUNSEL: CONFIRM INDEMNITY SCOPE]

4. Acceptable use

You will not use the Services to: violate any law; place unlawful robocalls or spam; record calls without required consent; harass anyone; infringe others' rights; upload malware; attempt to gain unauthorized access; or reverse engineer or resell the Services except as permitted. [ADD ANY ADDITIONAL RESTRICTIONS]

5. Customer data

As between the parties, you own the data you submit to the Services, including call recordings, transcripts, and CRM data ("Customer Data"). You grant Apex a license to host, process, and transmit Customer Data to provide and support the Services, as described in our Privacy Policy [AND DATA PROCESSING ADDENDUM, IF ANY]. [CONFIRM ANY USE OF CUSTOMER DATA FOR AI MODEL TRAINING OR PRODUCT IMPROVEMENT.]

6. AI output

AI-generated scores, summaries, coaching reports, transcripts, and draft messages may be inaccurate or incomplete. Review AI output before relying on it, and do not use it as the sole basis for employment decisions. [COUNSEL: REVIEW FOR EMPLOYMENT/AI LAWS]

7. Third-party services

The Services rely on third parties such as Twilio, AI model providers, and hosting providers, and may connect to your own VoIP or other systems. Their terms may apply, and we are not responsible for third-party services.

8. Fees and payment

Fees are as stated in your plan or order form: [PRICING / BILLING TERMS — PENDING CONFIRMATION]. Telephony usage (for example, Twilio call charges) is billed [AT COST / AS DESCRIBED]. Taxes: [TAX TERMS]. Price changes: [NOTICE PERIOD]. Refunds: [REFUND POLICY].

9. Term, cancellation, and termination

[DESCRIBE MONTHLY / ANNUAL TERMS, RENEWAL, AND CANCELLATION]. We may suspend or terminate access for material breach or unlawful use. On termination you may export Customer Data for [NUMBER] days, after which it will be deleted as described in the Privacy Policy.

10. Availability and support

[DESCRIBE ANY SERVICE LEVEL OR STATE THAT NONE IS OFFERED.] We do not guarantee the Services will be uninterrupted or error-free.

11. Disclaimers

EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. [COUNSEL REVIEW]

12. Limitation of liability

[LIMITATION OF LIABILITY CLAUSE — COUNSEL TO DRAFT, E.G. CAP AT FEES PAID IN PRIOR [NUMBER] MONTHS; EXCLUSION OF INDIRECT DAMAGES.]

13. Governing law and disputes

These Terms are governed by the laws of the State of [GOVERNING LAW STATE], without regard to conflict-of-law rules. Disputes will be resolved in [VENUE / ARBITRATION PROVISION].

14. Changes

We may modify these Terms by posting an updated version. [DESCRIBE NOTICE FOR MATERIAL CHANGES.]

15. Contact

[LEGAL ENTITY NAME]
[MAILING ADDRESS]
[CONTACT EMAIL]