Terms of Service

1. Acceptance of Terms

Welcome to Apex OS. These Terms of Service ("Terms") govern your access to and use of the Apex OS mobile application, website, and related services (collectively, the "Service") provided by Apex OS ("we," "our," or "us").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.

We may update these Terms from time to time. Your continued use of the Service after any changes constitutes acceptance of the new Terms.

2. Eligibility

To use the Service, you must:

• Be at least 16 years of age or the age of legal majority in your jurisdiction, whichever is higher
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable law
• Not have been previously suspended or removed from the Service

By using the Service, you represent and warrant that you meet all eligibility requirements.

3. Account Registration

To access the Service, you must create an account. When you do, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

You may not share your account with others or create multiple accounts. We reserve the right to suspend or terminate accounts that violate these requirements.

4. Service Description

Apex OS is a wellness application that provides:

• Evidence-based wellness protocols and recommendations
• AI-powered personalization based on your health data
• Integration with wearable devices for biometric tracking
• Wellness coaching and educational content
• Progress tracking and analytics

We may modify, suspend, or discontinue any aspect of the Service at any time. We will provide reasonable notice of significant changes when possible.

5. Subscriptions & Billing

5.1 Subscription Plans

Apex OS offers subscription-based access to premium features. Subscription options and pricing are displayed in the app. By subscribing, you agree to the pricing and payment terms presented at the time of purchase.

5.2 Billing

Subscriptions are billed through the Apple App Store or Google Play Store, depending on your device. Billing is handled by these platforms according to their terms and policies.

5.3 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You can manage or cancel your subscription through your device's app store settings.

5.4 Refunds

Refunds are handled according to the policies of the Apple App Store or Google Play Store. Please contact the respective app store for refund requests.

5.5 Price Changes

We reserve the right to change subscription prices. We will provide notice of price changes before they take effect. Continued use after a price change constitutes acceptance of the new price.

6. User Responsibilities

When using the Service, you agree to:

• Provide accurate health data and information
• Use the Service only for personal, non-commercial purposes
• Not attempt to circumvent any access restrictions or security measures
• Not interfere with or disrupt the Service
• Not use the Service for any illegal or unauthorized purpose
• Comply with all applicable laws and regulations

7. Intellectual Property

7.1 Our Intellectual Property

The Service and all content, features, and functionality (including but not limited to text, graphics, logos, icons, images, audio, video, software, and underlying code) are owned by Apex OS and are protected by copyright, trademark, and other intellectual property laws.

7.2 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes in accordance with these Terms. This license does not include the right to:

• Modify, copy, or create derivative works
• Reverse engineer or decompile any part of the Service
• Remove any copyright or proprietary notices
• Transfer or sublicense your rights

7.3 Your Content

You retain ownership of any content you submit through the Service. By submitting content, you grant us a worldwide, royalty-free license to use, store, and process that content solely for the purpose of providing the Service to you.

8. Acceptable Use

You may not use the Service to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Transmit harmful, offensive, or illegal content
• Attempt to gain unauthorized access to systems or data
• Engage in data mining, scraping, or similar activities
• Interfere with security features or bypass restrictions
• Distribute malware, viruses, or other harmful code
• Impersonate any person or entity
• Use automated systems or bots without permission
• Harass, abuse, or harm other users

We reserve the right to investigate violations and take appropriate action, including suspension or termination of your account.

9. Medical Disclaimer

You acknowledge and agree that:

• Not Medical Advice: The protocols, recommendations, and content provided through the Service are for general wellness purposes only and do not constitute medical advice.
• Consult Healthcare Providers: You should always consult with qualified healthcare professionals before making any decisions related to your health, especially before starting any new wellness protocols.
• Accuracy Limitations: Data from wearable devices may not be accurate. Do not rely solely on this data for health decisions.
• Individual Results: Wellness outcomes vary by individual. We make no guarantees about results from following any protocols.
• Emergency Situations: In case of a medical emergency, call emergency services immediately. Do not rely on the Service for emergency medical situations.

10. Third-Party Services

The Service integrates with third-party services including:

• Apple HealthKit — For iOS health data integration
• Google Health Connect — For Android health data integration
• Google Calendar — For optional calendar integration
• Wearable Devices — Various fitness trackers and smartwatches

Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the availability, accuracy, or security of third-party services.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES OF NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF ANY CONTENT

We do not warrant that the Service will meet your requirements or that any errors will be corrected. You use the Service at your own risk.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APEX OS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, data, use, goodwill, or other intangible losses
• Any damages resulting from unauthorized access to your account
• Any damages arising from your reliance on the Service

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Apex OS and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Any content you submit through the Service

14. Dispute Resolution

14.1 Informal Resolution

Before filing a formal dispute, you agree to contact us at privacy@apexosapp.com and attempt to resolve the dispute informally for at least 30 days.

14.2 Binding Arbitration

If we cannot resolve the dispute informally, any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

14.3 Class Action Waiver

YOU AND APEX OS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

14.4 Exceptions

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief in court for matters related to intellectual property or unauthorized access. Small claims court actions are also excluded from the arbitration requirement.

14.5 Opt-Out

You may opt out of the arbitration agreement by sending written notice to privacy@apexosapp.com within 30 days of creating your account. The notice must include your name, email address, and a clear statement that you wish to opt out of arbitration.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

16. Termination

16.1 Termination by You

You may terminate your account at any time through the app settings or by contacting us at privacy@apexosapp.com. Upon termination, your right to use the Service will immediately cease.

16.2 Termination by Us

We may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include:

• Violation of these Terms
• Conduct that we determine is harmful to other users or the Service
• Extended periods of inactivity
• Request by law enforcement or government agencies

16.3 Effect of Termination

Upon termination, the following sections shall survive: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, Governing Law, and any other provisions that by their nature should survive.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on this page
• Updating the "Last updated" date
• Sending an email notification for significant changes
• Displaying an in-app notification

Your continued use of the Service after any modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service.

18. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Apex OS regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.
• Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.

19. Contact Us

If you have any questions about these Terms of Service, please contact us: