Terms of Use

Apex Digital Partners LLC

https://apexdigitalpartners.agency/

Effective Date: 07/08/2026

Terms of Use are published in two parts:

  • Part A – Master Terms: general rules that apply to Apex Digital Partners LLC (“Company,” “we,” “us,” or “our”) and to every website Apex operates or manages for itself and its clients (each, a “Governed Site”).
  • Part B – Client-Specific Addendum Modules: additional terms that apply only when a Governed Site’s specific business activity triggers them (for example, selling physical products, collecting biometric data, or hosting user-generated content).

Note: This document is a business/compliance template and does not constitute legal advice. Apex and its clients should have qualified counsel review these Terms — and any applicable Addendum Modules — before publication.

Part A — Master Terms of Use

1. Agreement, Scope & Acceptance

These Terms of Use (“Terms”) apply to:

  • The Company’s primary website at apexdigitalpartners.agency;
  • All client websites that link to or reference these Terms; and
  • Any digital property displaying the notice: “This website operates under the Terms of Use of Apex Digital Partners.”

Apex Digital Partners is a digital media agency that shares product and service information on behalf of itself and its clients across Governed Sites.

1.1 Affirmative Acceptance

Where a Governed Site presents an “I Agree” checkbox, button, or equivalent affirmative-acceptance mechanism at account creation, checkout, or first use, your click or tap constitutes your electronic signature and binding acceptance of these Terms and, where applicable, the adopted Addendum Modules. Where no such mechanism is presented, your continued access or use of a Governed Site constitutes acceptance. If you do not agree, you must discontinue use immediately.

2. Electronic Communications

Visiting a Governed Site, or emailing the Company or a client operating under these Terms, constitutes an electronic communication. You consent to receive electronic communications, and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

3. Relationship to the Privacy Policy

Your use of a Governed Site is also subject to the Apex Digital Partners Privacy Policy, which describes how personal information is collected, used, and shared, and which is incorporated into these Terms by reference. Where a Governed Site displays a specific Privacy Policy Addendum Module (e.g., for e-commerce, SMS, biometric data, or AI-powered communications), that module applies in addition to these Terms.

4. Minors

The Company does not knowingly collect personal information, online or offline, from children under the age of 13. If you are under 18, you may only use a Governed Site with the involvement and permission of a parent or legal guardian.

5. Accessibility

The Company is committed to making Governed Sites usable by the widest possible audience and to aligning with the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, as a general good-faith standard, recognizing that individual client sites may be at different stages of implementation. If you experience difficulty accessing any content or feature on a Governed Site, please contact us using Section 17 (or the applicable client’s listed contact) so we can work to address it, and let us know the nature of the issue along with the assistive technology, if any, that you use.

6. Third-Party Links, Services & Integrations

Governed Sites may link to or integrate with third-party websites, plugins, payment processors, scheduling tools, or similar services (“Third-Party Services”). Third-Party Services are not under our control, and inclusion of a link or integration does not imply our endorsement. We are not responsible for the content, availability, security, or practices of any Third-Party Service, and to the maximum extent permitted by law, disclaim liability for any loss or damage arising from your use of, or reliance on, a Third-Party Service, including any outage, data breach, or billing error caused solely by that third party.

Where you connect a Governed Site to a third-party account (e.g., a social login or payment wallet), you authorize the ongoing exchange of information between that account and the Governed Site consistent with your privacy settings on the third-party platform. You may disconnect this feature at any time by discontinuing its use.

7. Intellectual Property & Prohibited Use

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use a Governed Site strictly in accordance with these Terms. You agree not to:

  • Damage, disable, overburden, or impair any Governed Site, or interfere with another party’s use of it;
  • Attempt to access materials or information through means not intentionally made available;
  • Modify, publish, transmit, reverse-engineer, sell, or create derivative works from Governed Site content without authorization.

All content on a Governed Site including text, graphics, logos, images, and software, is the property of the Company, the applicable client, or their respective licensors, and is protected by applicable intellectual property laws. You do not acquire ownership rights in any such content by using a Governed Site.

8. User-Generated Content & Copyright (DMCA)

If a Governed Site allows you to submit reviews, comments, photos, or other content (“User Content”), you grant the Company and the applicable client a non-exclusive, royalty-free, worldwide license to use, display, and distribute that User Content in connection with operating the Governed Site. You represent that you own or have the necessary rights to any User Content you submit, and that it does not infringe any third party’s rights or violate any law.

We respect the intellectual property rights of others. If you believe content on a Governed Site infringes your copyright, please send a written notice to our designated agent at the contact information in Section 17, including: (a) a description of the copyrighted work claimed to be infringed; (b) the location of the allegedly infringing material; (c) your contact information; (d) a statement of good-faith belief that the use is unauthorized; and (e) a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act on the copyright owner’s behalf. We will respond to properly submitted notices consistent with the Digital Millennium Copyright Act, including removing or disabling access to the identified material where appropriate.

9. Advertising Disclosures

Where a Governed Site publishes endorsements, testimonials, affiliate links, or sponsored content, such content will be identified consistent with FTC guidance (e.g., “Ad,” “Sponsored,” or “Affiliate link” disclosures) so that a reasonable visitor can identify the material connection.

10. Third-Party Accounts

See Section 6 above regarding connected third-party accounts and Third-Party Services.

11. International Users

Governed Sites are controlled, operated, and administered by the Company from its offices within the United States. If you access a Governed Site from outside the United States, you are responsible for compliance with local laws. You agree not to use a Governed Site in any country or manner prohibited by applicable export or other laws.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and applicable clients from any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of, or inability to use, a Governed Site; (b) any User Content you submit; (c) your violation of these Terms; (d) your violation of any third party’s rights; or (e) your violation of any applicable law.

13. Dispute Resolution

13.1 Binding Arbitration

Except for the types of disputes carved out in Section 13.2, any dispute arising out of or relating to these Terms or your use of a Governed Site shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, before a single neutral arbitrator. Unless you and the Company agree otherwise, the arbitration will be conducted in the county where you reside or another mutually agreed location, and may be conducted by telephone, video, or written submissions where permitted by the AAA rules. The arbitrator’s award is final and binding and may be entered as a judgment in any court of competent jurisdiction. The prevailing party may recover its costs and reasonable attorneys’ fees to the extent permitted by the AAA rules and applicable law.

13.2 Relationship to Illinois Governing Law & Courts

These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-law principles. This governing-law designation determines which substantive law the arbitrator applies to the dispute; it does not override the arbitration requirement in Section 13.1. The courts of Illinois retain jurisdiction only over the narrow categories of matters excluded from arbitration under Section 13.1 above (for example, requests for emergency injunctive relief to prevent misuse of intellectual property, or actions to compel arbitration or confirm/enforce an arbitration award). For all other disputes, arbitration under Section 13.1 is the exclusive remedy.

13.3 Class Action Waiver

Arbitration under these Terms will take place on an individual basis only. Class arbitrations, and class, collective, or representative actions, are not permitted. Each party may bring claims against the other only in an individual capacity, not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any form of representative or class proceeding. This Section 13 survives termination of these Terms.

14. Disclaimers & Limitation of Liability

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES AVAILABLE THROUGH A GOVERNED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF SUCH CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY REGARDING THIRD-PARTY SERVICES OR INTEGRATIONS DESCRIBED IN SECTION 6.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED WITH THE USE OR PERFORMANCE OF A GOVERNED SITE, ANY THIRD-PARTY SERVICE, OR ANY PRODUCT OR SERVICE OFFERED THROUGH IT. IF YOU ARE DISSATISFIED WITH A GOVERNED SITE OR THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USE.

15. Termination

The Company may, in its sole discretion, terminate or restrict your access to a Governed Site at any time, without notice, for any reason including violation of these Terms. No joint venture, partnership, employment, or agency relationship is created between you and the Company as a result of these Terms. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.

16. Changes to These Terms

The Company may update these Terms at any time. The most current version supersedes all prior versions and will show an updated Effective Date. Continued use of a Governed Site after a change constitutes acceptance of the updated Terms. We encourage periodic review.

17. Contact Us

Apex Digital Partners LLC

Central IL Based – Nationwide Service

Email: info@apexdigitalpartners.agency

Phone: (309) 321-2739

Part B — Client-Specific Modules

These modules attach to the Master Terms above and only apply to a Governed Site that has adopted them.

Module 1 — E-Commerce

Applies to Governed Sites that sell physical or digital products, services, or subscriptions.

  • Refunds & Returns: unless a different policy is posted on the Governed Site, purchases may be returned within [30] days of delivery for a refund to the original payment method, less any shipping costs, provided the item is unused and in its original condition. Digital goods and services, once delivered or rendered, are non-refundable except where required by law.
  • Subscriptions & Recurring Billing: subscription plans automatically renew at the then-current rate at the end of each billing period unless canceled before renewal. You may cancel at any time through your account settings or by contacting support; cancellation takes effect at the end of the current billing cycle.
  • Chargebacks: before initiating a chargeback with your bank or card issuer, you agree to first contact us to attempt to resolve the issue. Fraudulent or bad-faith chargebacks may result in suspension of your account and pursuit of the disputed amount plus any bank-imposed fees.
  • Pricing & Availability: prices and product availability are subject to change without notice and are not guaranteed until an order is confirmed.

Module 2 — SMS 

Applies to any Governed Site that uses SMS/text-message communications, including the Company’s own client-engagement/CRM automation services and any client site that enables SMS for its own customers.

  • Use of SMS features is governed by the SMS/TCPA Consent Addendum Module in the Privacy Policy, including opt-in, opt-out (STOP/HELP), and message-frequency disclosures.

Module 3 — Biometric Data 

Applies to Governed Sites that collect biometric identifiers or biometric information (e.g., a photo booth service using facial-recognition or similar imaging features).

  • Use of any biometric-data feature on the Governed Site requires your prior written consent, obtained through a dedicated consent flow separate from these Terms, consistent with the Biometric Data / BIPA Addendum Module in the Privacy Policy.
  • You may decline biometric features where an equivalent non-biometric alternative is offered, without loss of access to the core service, where feasible.

Module 4 — Regulated Industry / State-Specific 

Reserved for client-specific terms required by the client’s particular industry (e.g., health, financial, or legal services) or by the consumer-protection laws of a state where the client actively markets or transacts business (e.g., California, Florida, Illinois). Specific language should be finalized with counsel based on that client’s licensing, industry regulations, and target markets.

Module 5 — AI-Powered Communications 

Applies to Governed Sites that use AI chatbots, virtual assistants, or AI-assisted/automated outbound voice agents to interact with users (for example, as part of the Company’s AI Business Solutions offerings).

  • By interacting with an AI chatbot, virtual assistant, or automated voice agent on a Governed Site, you acknowledge that you are communicating with an automated system and not a human representative, except where a live transfer to a human is offered or occurs.
  • AI-generated responses, recommendations, and content are provided for general informational and business purposes only. The Company does not guarantee the accuracy, completeness, or suitability of AI-generated content, and material business, legal, medical, or financial decisions should not be based solely on it.
  • Use of AI communication features is also governed by the AI-Powered Communications & Automated Interactions Addendum Module in the Privacy Policy, including consent, call-recording disclosure, and opt-out rights.
  • You may request to speak with a human representative instead of an AI chatbot or voice agent, where reasonably available.