Terms & Conditions

Effective: 8/17/2026  ·  Last updated: 8/17/2026

These Terms govern your use of services provided by ApexForge Marketing LLC, doing business as ApexForge ("ApexForge," "we," "us"). By purchasing or using our services, or by using our website, you agree to these Terms.

Sections 5, 6, 10, 11, and 15 limit our liability and place obligations on you. Read them.

1. Services

ApexForge provides AI-assisted phone answering, appointment scheduling, text messaging, reporting, and related marketing services to businesses in the United States. The specific services you receive are set out in your service agreement or order form.

We may modify, improve, or discontinue features. If we make a material reduction to a service you pay for, we will give you at least 30 days' notice and you may cancel without penalty.

2. Eligibility

You must be at least 18 years old and authorized to enter into contracts on behalf of the business you represent. Our services are offered to businesses, not to consumers for personal use.

3. Fees, billing, and renewal

  • Setup fees are due before work begins and are non-refundable once configuration has started.

  • Monthly fees are billed in advance on the same day each month.

  • Month-to-month. Service continues until cancelled and renews automatically each month.

  • Cancellation. Cancel with at least 10 days' written notice before your next billing date. Fees already paid are not refunded, and service continues to the end of the paid period.

  • Late payment. We may suspend service on accounts more than 10 days past due. Suspension does not cancel your obligation to pay.

  • Price changes. We may change pricing with 30 days' written notice. You may cancel before the change takes effect.

  • Usage overages. If your plan includes usage limits, overages are billed at the rate in your service agreement.

  • Taxes. Fees exclude applicable taxes, which are your responsibility.

4. Your account and access

You are responsible for the accuracy of the business information you give us — service area, pricing, hours, and staff contact numbers. Our services rely on that information being correct and current. You will tell us promptly when it changes.

Where you grant us access to your calendar, CRM, business listing, or other systems, you confirm you are authorized to do so. You may revoke access at any time, though doing so may prevent the service from functioning.

5. Your compliance obligations

This is the most important section of these Terms. You — not ApexForge — are responsible for the legality of the communications sent on your behalf. We build and operate the system. You determine who is contacted and on what basis.

You represent and warrant, on a continuing basis, that:

Consent

  • You have obtained and can document all consent required by the Telephone Consumer Protection Act (TCPA), FCC rules, and applicable state law for every phone number you provide to us or that enters our system through your website, forms, or integrations.

  • You understand that the FCC has determined that AI-generated voices are "artificial or prerecorded voices" under the TCPA, and that outbound calls using them require prior express consent — and prior express written consent for marketing calls to wireless numbers.

  • You will not provide us with purchased, rented, scraped, or third-party-sourced contact lists.

  • You will produce consent documentation to us within 5 business days on request.

  • You will screen against the National Do Not Call Registry where applicable.

Recording

  • You authorize call recording only where you have determined it is lawful, and you acknowledge that Illinois and other states require the consent of all parties to record private conversations.

  • You will not disable or instruct us to remove recording disclosure language.

Content and conduct

  • You will comply with the Fair Housing Act and all fair housing and anti-discrimination laws in every communication and marketing material we produce for you. You will not request changes that weaken fair housing safeguards built into our services.

  • You will not request or use our services to generate, solicit, or incentivize false or deceptive reviews.

  • You will not use our services for any unlawful, harassing, or deceptive purpose.

  • Information you give us about your pricing, licensing, insurance, warranties, and services is accurate.

We may refuse or discontinue any campaign, configuration, or content we reasonably believe is unlawful or violates carrier rules, without refund.

6. Indemnification

You will defend, indemnify, and hold harmless ApexForge, its owner, employees, and contractors from any claim, demand, penalty, fine, loss, liability, cost, or expense (including reasonable attorneys' fees) arising out of or relating to:

  • Your breach of Section 5, including any claim under the TCPA, state telemarketing law, wiretap or recording statutes, or fair housing law

  • The contact information, lists, or consent records you supply

  • Your products, services, pricing, or representations to your customers

  • Any dispute between you and your customers

  • Your breach of these Terms

This obligation survives termination.

7. SMS messaging terms

These terms apply to text messages sent through ApexForge services.

  • Program. ApexForge sends appointment confirmations, service updates, review requests, and related transactional and informational messages on behalf of businesses that use our services.

  • Consent. You will only receive messages if you provided your mobile number and consented to receive them. Consent to receive messages is not a condition of any purchase.

  • Frequency. Message frequency varies based on your interaction with the business.

  • Cost. Message and data rates may apply. Check with your carrier.

  • Opt out. Reply STOP at any time to stop receiving messages. You will get one confirmation and nothing further.

  • Help. Reply HELP, or contact zachary.apexforgemarketing@gmail.com or 618-946-0580.

  • Carriers. Carriers are not liable for delayed or undelivered messages.

  • Privacy. Mobile information is never shared or sold to third parties or affiliates for marketing or promotional purposes. See our Privacy Policy.

  • Supported carriers. Major U.S. carriers are supported. Service may not be available on all carriers.

8. Automated and AI-assisted services

Our services use automated systems, including AI voice assistants and language models. You acknowledge that:

  • Automated systems make mistakes. They may mishear, misroute, or fail to capture information.

  • They are not a substitute for a person in urgent, emergency, or safety-critical situations, and are not designed to handle medical, legal, or emergency dispatch.

  • Output is generated based on the configuration you approve. You are responsible for reviewing that configuration.

  • You are responsible for reviewing any marketing content we produce before it is published.

We do not guarantee any specific business outcome — number of calls answered, appointments booked, leads generated, revenue produced, search ranking, or review volume.

9. Third-party services

Our services depend on third-party platforms including telephony carriers, messaging providers, AI model providers, and scheduling systems. We are not responsible for their outages, changes, pricing, or policy decisions. Carrier filtering, blocking, or campaign rejection is outside our control.

10. Disclaimer of warranties

SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, APEXFORGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ALL CALLS OR MESSAGES WILL BE DELIVERED.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APEXFORGE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, OR MISSED OPPORTUNITIES, ARISING FROM OR RELATING TO THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY.

APEXFORGE'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THESE LIMITATIONS DO NOT APPLY TO YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 6, OR TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

12. Intellectual property

  • Ours. Our system prompts, configurations, workflows, templates, processes, documentation, and software remain our property. You receive a limited, non-exclusive, non-transferable license to use them during your subscription. You may not copy, resell, reverse engineer, or use them to build a competing service.

  • Yours. Your business information, customer data, logos, photographs, and content remain yours. You grant us a license to use them solely to provide the services.

  • Deliverables. On full payment, you own the marketing content we produce specifically for you — copy, graphics, and video. Underlying templates and methods remain ours.

13. Confidentiality

Each party will protect the other's confidential business information with reasonable care and use it only to perform under these Terms. This does not apply to information that is public, independently developed, or lawfully received from another source, or where disclosure is legally required.

14. Data protection

When we process personal information about your customers, we act as your service provider and process it only on your documented instructions. See our Privacy Policy.

On termination, we will return or delete customer data on written request within 30 days, except records we must retain by law — including opt-out and consent records, which we retain specifically so that opt-outs continue to be honored.

15. Term and termination

  • These Terms remain in effect while you use our services.

  • Either party may terminate on 10 days' written notice before the next billing date.

  • We may suspend or terminate immediately, without refund, for non-payment, for breach of Section 5, or where we reasonably believe continued service creates legal risk.

  • On termination, access ends, phone routing reverts to you, and you are responsible for redirecting your own numbers.

  • Sections 3, 5, 6, 10, 11, 12, 13, 14, 15, and 16 survive termination.

16. Governing law and disputes

These Terms are governed by the laws of the State of Illinois, without regard to conflict of law rules. Any dispute will be brought exclusively in the state or federal courts located in Madison County, Illinois, and both parties consent to that jurisdiction.

Before filing any claim, the parties will attempt in good faith to resolve the dispute by direct discussion for at least 30 days.

17. General

  • Entire agreement. These Terms and your service agreement are the complete agreement between us.

  • Order of precedence. If your signed service agreement conflicts with these Terms, the service agreement controls.

  • Severability. If a provision is unenforceable, the rest remains in effect.

  • No waiver. Failing to enforce a provision does not waive it.

  • Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a sale of the business.

  • Force majeure. Neither party is liable for delays caused by events beyond reasonable control.

  • Changes. We may update these Terms with 30 days' notice for material changes. Continued use constitutes acceptance.

  • Independent contractor. Nothing here creates a partnership, joint venture, or employment relationship.

18. Contact

ApexForge Marketing LLC
715 Elfgen St.
Alton, Illinois 62002
Email: zachary.apexforgemarketing@gmail.com
Phone: 618-946-0580