Apex
Terms & Conditions
Content
- 1. Eligibility and Access
- 2. Acceptance of Terms
- 3. Intellectual Property
- 4. User-Submitted Content
- 5. Services & Client Responsibilities
- 6. Payment Terms
- 7. Third-Party Tools and Platform Usage
- 8. AI, Template, and Stock Content Disclaimer
- 9. No Guarantee of Results
- 10. Limitation of Liability
- 11. Indemnification
- 12. Termination
- 13. Governing Law and Jurisdiction
- 14. Content Similarity & IP Disclaimer
- 15. Contact Us
Welcome to ApeX Digital Marketing (“ApeX,” “we,” “our,” “us”). These Terms & Conditions (“Terms”) govern your access to and use of our website, services, and any interaction with our company.
By using our site, submitting an inquiry, engaging our services, or accessing our content, you agree to be bound by these Terms in full. If you do not agree, you must discontinue use immediately.
1. Eligibility and Access
You must be at least 18 years of age or have legal authorization to use this site and engage our services. You agree to use this website for lawful purposes only and in accordance with these Terms.
We reserve the right to suspend or terminate your access to the site or services at any time without notice.
2. Acceptance of Terms
By continuing to browse this site, submit information, or engage with our services, you affirm your full understanding and acceptance of these Terms.
We may update these Terms from time to time, and your continued use signifies your acceptance of the updated version.
3. Intellectual Property
Unless otherwise stated:
- All content on this website (text, designs, images, scripts, videos, frameworks, brand materials, etc.) belongs to ApeX or our licensors and is protected by applicable intellectual property laws.
- You may not copy, reproduce, distribute, modify, publish, or commercially exploit any part of this content without prior written permission.
- Third-party logos (e.g., Meta, TikTok) used for illustrative purposes are owned by their respective companies.
4. User-Submitted Content
If you provide us with any materials (e.g. logos, videos, testimonials, names, images, social handles):
- You confirm that you either own or have explicit authorization to use such materials.
- You grant us the non-exclusive, royalty-free right to use this content within the scope of our services or portfolio, unless otherwise agreed in writing.
- You agree not to submit content that is unlawful, defamatory, misleading, infringing, or harmful.
ApeX is not liable for content submitted by users or clients.
5. Services & Client Responsibilities
By engaging our services (e.g., strategy, content production, paid media, creator campaigns), you agree to:
- Provide complete and accurate project materials in a timely manner.
- Respond promptly to feedback requests or clarifications.
- Accept responsibility for delays or deliverable revisions caused by client-side delays or communication gaps.
- Acknowledge that all materials remain the property of ApeX until full payment is received.
6. Payment Terms
All fees, payment schedules, and scopes of work will be outlined in a written agreement or invoice.
- Payments must be made on time and in full.
- Delayed payments may result in service delays, withholding of deliverables, or additional fees.
- All payments are non-refundable unless otherwise agreed in writing.
7. Third-Party Tools and Platform Usage
We may use or integrate third-party services such as:
- Google Analytics, Meta Ads Manager, TikTok Ads, Stripe, Notion, Canva, ChatGPT, Midjourney, etc.
You acknowledge that these tools are governed by their own terms of service and privacy policies. ApeX is not liable for:
- Platform bans, content takedowns, ad disapprovals, or performance variations
- Downtime or errors due to third-party platform disruptions
8. AI, Template, and Stock Content Disclaimer
Unless you explicitly request and pay for exclusive content production:
- Some content may use trends, public frameworks, stock libraries, or AI tools (e.g. ChatGPT for copy, Midjourney for visuals).
- We do not guarantee 100% originality or exclusivity unless agreed in writing.
- You bear final responsibility for how the content is used and published.
9. No Guarantee of Results
While we aim to support your growth, we do not guarantee specific outcomes, including:
- Viewership, follower growth, engagement, or revenue
- ROI from campaigns or paid ads
- Platform-specific approvals or algorithm placement
All outcomes vary depending on platform behavior, audience reception, and external factors
10. Limitation of Liability
To the fullest extent permitted by law, ApeX shall not be held liable for:
- Indirect, incidental, or consequential damages
- Loss of profits, business opportunity, data, or brand reputation
- Legal claims arising from content created with or submitted by clients
- Platform suspensions, copyright flags, impersonation claims, or defamation issues
Our total liability for any claim shall not exceed the amount you have paid us in the preceding 90 days.
11. Indemnification
You agree to defend, indemnify, and hold ApeX and its team harmless from any claims, damages, or liabilities (including legal fees) arising from:
- Your misuse of our services or content
- Your violation of these Terms
- Your submitted content or third-party claims based on it
12. Termination
We reserve the right to suspend or terminate your use of the website or services without notice for violations of these Terms, abuse of our systems, or unlawful activity.
Upon termination, any pending unpaid amounts shall still be due immediately.
13. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Malaysia.
Any disputes shall be submitted to the exclusive jurisdiction of the courts in Kuala Lumpur, Malaysia.
14. Content Similarity & IP Disclaimer
You acknowledge that we serve multiple clients in overlapping industries. While we strive for originality:
- Creative similarities may occur across content or campaigns
- Trends, hooks, captions, and formats may be similar to others in the market
- Unless otherwise agreed by contract, all materials are considered non-exclusive
15. Contact Us
For questions regarding these Terms, please contact us at:
> apex24marketing@gmail.com