Terms of Service

Last updated: August 20, 2026

These Terms of Service (“Terms”) govern access to and use of the Apex Medical CRM platform, websites, and related services (the “Services”) provided by Apex Medical Consulting LLC (“Apex,” “we,” “us,” or “our”).

1. Acceptance of these Terms

By accessing or using the Services, you agree to these Terms. If you use the Services on behalf of an organization, you represent that you are authorized to bind that organization, and “you” refers to that organization. If you do not agree, do not use the Services.

2. The Services

Apex is a customer-relationship-management and care-coordination platform for the healthcare sector. It helps organizations capture patient inquiries from web, phone, and social channels; route them to coordinators and clinicians; and manage communication, follow-up, and consultation workflows, including AI-assisted drafting of messages and scripts.

3. Not medical advice; no provider-patient relationship

Apex is software. It is not a healthcare provider and does not provide medical advice, diagnosis, or treatment. Using the Services does not create a provider-patient relationship with Apex. Any clinical decisions, communications, and care are the sole responsibility of the healthcare organizations and licensed professionals who use the Services. In a medical emergency, call your local emergency number.

4. Eligibility and accounts

You must be at least 18 years old and able to form a binding contract to use the Services. You are responsible for the accuracy of your registration information, for keeping your credentials confidential, and for all activity under your account. Notify us promptly of any unauthorized use.

5. Customer responsibilities and acceptable use

If you use Apex to process patient information, you are responsible for obtaining all necessary consents and authorizations and for complying with all laws applicable to that information, including healthcare-privacy and communications laws (for example, HIPAA, TCPA, and anti-spam rules governing SMS, voice, and email). You agree not to:

• use the Services in violation of any law or third-party right;
• send unlawful, harassing, deceptive, or unsolicited communications;
• upload malicious code or attempt to gain unauthorized access to the Services or other accounts;
• interfere with or disrupt the integrity or performance of the Services;
• reverse engineer, resell, or use the Services to build a competing product, except to the extent the law prohibits this restriction.

6. AI-assisted features

The Services include AI features that classify conversations and draft suggested text. AI output may be inaccurate or incomplete and must be reviewed by a qualified human before it is sent or relied upon. You are responsible for the content you ultimately send. The platform does not transmit AI-drafted messages automatically.

7. Third-party services

The Services integrate with third-party providers (including Twilio, Meta, OpenAI, Google, and Amazon Web Services). Your use of those integrations may be subject to the third party’s own terms, and we are not responsible for third-party services. In particular, when you use the relevant features you agree to comply with the pass-through terms those providers require of end users, including Meta’s Platform Terms for connected Facebook and Instagram pages, Twilio’s Acceptable Use Policy and applicable messaging rules (including carrier A2P registration and STOP/HELP opt-out handling), and OpenAI’s usage policies for AI-assisted features.

8. Protected health information

Where Apex processes protected health information on your behalf, that processing is governed by a Business Associate Agreement between you and Apex, which is incorporated by reference. A BAA must be executed before the Services are used to process PHI: we present our standard BAA during onboarding, and you may also request execution at any time by contacting jp@apexmcdirect.com. If you are a covered entity or business associate and no BAA is in place, you must not submit PHI to the Services. If the BAA conflicts with these Terms regarding PHI, the BAA controls.

9. Fees

Fees, billing cycles, and payment terms for paid subscriptions are described in your order form or subscription agreement; if none is in place, fees are as quoted to you in writing. Unless the order form says otherwise, subscriptions renew automatically for successive terms of the same length until either party gives notice of non-renewal at least thirty (30) days before the end of the current term. Fees are exclusive of taxes, which you are responsible for (other than taxes on our income). Undisputed amounts more than thirty (30) days past due may accrue interest at the lesser of 1.5% per month or the maximum rate the law allows, and we may suspend the Services for continued non-payment after written notice and a reasonable opportunity to cure. Except as required by law or stated expressly, fees are non-refundable.

10. Intellectual property

The Services, including all software, content, and trademarks, are owned by Apex or its licensors and are protected by law. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription. You retain all rights to the data you submit (“Customer Data”), and you grant us the rights needed to host and process it to provide the Services.

11. Confidentiality

Each party may receive confidential information of the other and agrees to protect it with at least reasonable care and use it only to perform under these Terms. If the parties have signed a separate non-disclosure agreement or a master subscription agreement with confidentiality terms, that agreement governs over this section.

12. Disclaimers

Except as expressly stated, the Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure.

13. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues. Our total liability arising out of or relating to the Services will not exceed the amount you have paid Apex for the Services in the twelve (12) months preceding the event giving rise to the claim.

These limits do not apply to your payment obligations, to a party’s breach of Section 11 (Confidentiality), to a party’s indemnification obligations under Section 14, to a party’s breach of the BAA, or to a party’s gross negligence or willful misconduct, and nothing in these Terms limits liability that cannot be limited by law.

14. Indemnification

By you. You agree to indemnify and hold Apex harmless from third-party claims arising out of your Customer Data, your use of the Services, or your breach of these Terms or applicable law (including healthcare-privacy and communications laws), except to the extent caused by Apex.

By Apex. Apex will defend you against third-party claims alleging that the Services, as provided by Apex and used as permitted under these Terms, infringe a third party’s intellectual-property rights, and will pay resulting damages finally awarded or agreed in settlement. This obligation does not apply to claims arising from Customer Data, from combination with products or data not provided by Apex, or from use in violation of these Terms. If an infringement claim arises, Apex may procure the right for you to continue using the Services, modify or replace them without material loss of functionality, or terminate the affected Services and refund prepaid, unused fees. This section states each party’s exclusive remedy for the claims it covers.

The indemnifying party’s obligations are conditioned on prompt written notice of the claim, sole control of the defense and settlement by the indemnifying party (no settlement admitting fault of, or imposing obligations on, the other party without its consent), and reasonable cooperation.

15. Suspension and termination

We may suspend or terminate access if you materially breach these Terms, if required by law, or to protect the Services or others. You may stop using the Services at any time. On termination, your right to use the Services ends.

Data export and deletion. For thirty (30) days after termination or expiration, we will make Customer Data available for export in a commonly used, machine-readable format on written request. After that export window, we will delete or de-identify Customer Data within ninety (90) days, except for copies retained in routine encrypted backups (which are overwritten on our standard backup rotation) and records we must retain to comply with law, resolve disputes, or enforce agreements. PHI is returned or destroyed as the applicable BAA directs, and the BAA controls over this section for PHI.

16. Governing law and disputes

These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in New Jersey, and each party waives any objection to venue in those courts. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction, and either party may bring an individual qualifying claim in small-claims court. Before filing suit, the parties will first attempt in good faith to resolve any dispute informally within thirty (30) days of written notice.

17. Changes to these Terms

We may update these Terms from time to time. We will post the updated version with a new “Last updated” date and, where required, provide additional notice. Continued use after changes take effect constitutes acceptance.

18. Contact us

Questions about these Terms? Contact Apex Medical Consulting LLC at jp@apexmcdirect.com or 101 MacArthur Dr, Edison, NJ 08837, USA.