Terms of Service

Last updated: 2026-06-07

These Terms of Service ("Terms") govern your access to and use of the Apex Investment Analyzer application (the "Service") operated by Apex Performance Marketing, Inc. ("we," "us," "our"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Not investment advice. The Service provides educational and informational analysis of your financial accounts. It is not an investment adviser, broker-dealer, or financial planner, and it does not provide investment, tax, legal, or accounting advice or recommendations to buy, sell, or hold any security. Always consult a licensed professional before making financial decisions.

1. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. You agree to provide accurate registration information and to keep it current.

2. Description of the Service

The Service connects to your financial institutions through Plaid (a third-party data aggregator) with your authorization, retrieves read-only information about your investment holdings, balances, and transactions, and uses an artificial-intelligence model (provided by Anthropic) to generate educational analysis and explanations. The Service does not execute trades, move money, or take any action on your accounts.

3. No advisory relationship

Your use of the Service does not create an investment-advisory, fiduciary, brokerage, accounting, tax, or legal relationship between you and us. Any output of the Service is general information for educational purposes only, is not personalized to your circumstances, and should not be relied upon as the basis for any financial decision. AI-generated content may be inaccurate or incomplete; you are responsible for independently verifying any information before acting on it.

4. Your accounts and security

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You agree to enable and maintain two-factor authentication. Notify us immediately of any unauthorized use. You may disconnect your financial institutions and delete your data at any time through the Service.

5. Acceptable use

You agree not to: (a) use the Service for any unlawful purpose; (b) attempt to access another user's data or any system you are not authorized to access; (c) reverse engineer, disrupt, or overload the Service; (d) use the Service to provide investment advice to third parties; or (e) upload malicious code.

6. Third-party services

The Service relies on third parties including Plaid and Anthropic. Your use of those services is subject to their respective terms and privacy policies. We are not responsible for the acts or omissions of third parties.

7. Intellectual property

The Service, including its software and content (excluding your data), is owned by us and protected by applicable laws. We grant you a limited, non-exclusive, non-transferable license to use the Service for your personal use in accordance with these Terms.

8. Disclaimers of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any analysis will be accurate or reliable.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, INVESTMENTS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE OR ANY FINANCIAL DECISION YOU MAKE. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR (B) USD $100.

10. Indemnification

You agree to indemnify and hold us harmless from any claims, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any law or third-party right.

11. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you violate these Terms or to protect the Service. Upon termination, the provisions that by their nature should survive (including Sections 3, 8, 9, 10, and 12) will survive.

12. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. The exclusive venue for any dispute not subject to arbitration shall be the state or federal courts located in California, and you consent to their jurisdiction.

13. Changes to these Terms

We may update these Terms from time to time. Material changes will be indicated by updating the "Last updated" date. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

14. Contact

Questions about these Terms: legal@apexcalifornia.com.

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