Terms of Service

Effective Date: September 25, 2025

Version: 2.0 | Last Updated: September 25, 2025

IMPORTANT LEGAL NOTICE

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY.

By clicking "I Agree," creating an account, or accessing our services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree, you must immediately cease use of our services.

1. AGREEMENT TO TERMS

1.1 Binding Agreement

These Terms of Service ("Agreement") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and APEX Remote Operations LLC, a Texas limited liability company ("Company," "we," "us," or "our"), concerning your access to and use of the remoteops.ai website and all associated services (collectively, the "Services").

1.2 Electronic Acceptance

You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these Terms. Your continued use of the Services constitutes ongoing acceptance. We will track and log your acceptance, including IP address, timestamp, and user identification.

1.3 Supplemental Terms

These Terms incorporate by reference our Privacy Policy and any executed Non-Disclosure Agreement. In case of conflict, the following order of precedence applies: (1) executed NDA, (2) these Terms, (3) Privacy Policy.

2. ELIGIBILITY AND VERIFICATION

2.1 Age and Capacity

You represent and warrant that you are:

  • At least 18 years of age
  • Have full legal capacity and authority to enter into binding contracts
  • Not located in any jurisdiction where the Services are prohibited
  • Not listed on any U.S. government list of prohibited or restricted parties

2.2 Verification and Background Checks

We reserve the right to conduct identity verification, credit checks, and background investigations. By applying, you consent to such investigations and agree to provide additional documentation upon request.

3. THE APEX PROGRAM - SPECIFIC TERMS

3.1 Program Description and Limitations

The APEX Program is a premium business education program with the following characteristics:

  • Limited to seven (7) participants annually
  • Requires five-figure investment (specific amount disclosed post-NDA)
  • Minimum 12-week commitment with 40+ hours per week expected
  • Access to proprietary APEX Protocol™ and methodologies
  • Lifetime membership upon successful completion

3.2 Application and Selection Process

The application process is governed by the following binding procedures:

  • Initial AI-powered assessment (responses are recorded and binding)
  • 72-hour review period (we may extend at our discretion)
  • Strategic assessment call (recorded for quality and legal purposes)
  • Mandatory NDA execution before methodology disclosure
  • Final acceptance solely at Company's discretion
  • No right to appeal rejection decisions

LEGAL NOTICE: All representations made during the application process are material to acceptance. Any misrepresentation is grounds for immediate termination without refund.

4. PAYMENT TERMS AND CANCELLATION POLICY

4.1 Investment and Payment

Upon acceptance into the APEX Program:

  • Full payment or first installment due within 48 hours of acceptance
  • Late payments subject to 1.5% monthly interest (18% APR)
  • Returned payments incur $250 processing fee
  • We may report delinquencies to credit agencies
  • Payment plans require automatic ACH/credit card authorization

4.2 Cancellation and Refund Policy

CANCELLATION AND REFUND POLICY - LEGALLY BINDING

Due to the immediate delivery of proprietary intellectual property and trade secrets upon enrollment, the following policy applies:

  • NO REFUNDS after NDA execution and methodology disclosure
  • NO REFUNDS for "change of mind" or "buyer's remorse"
  • NO REFUNDS for inability to implement strategies
  • NO REFUNDS for personal or business circumstances
  • Partial refunds ONLY if we materially breach our obligations

BY ENROLLING, YOU WAIVE ALL RIGHTS TO REFUNDS EXCEPT AS REQUIRED BY APPLICABLE LAW.

4.3 Acknowledgment of Investment Risk

You acknowledge that business education involves risk, results vary, and success depends on numerous factors outside our control. You are sophisticasted enough to evaluate these risks and make an informed decision.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Company IP Ownership

The Company owns all right, title, and interest in and to:

  • The APEX Protocol™ and all methodologies
  • All course materials, videos, templates, and tools
  • Trademarks, service marks, and trade dress
  • Compilation and arrangement of content
  • Software, code, and technical infrastructure
  • Trade secrets and confidential information

5.2 Limited License Grant

Subject to compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

  • Access course materials for personal business use only
  • Implement strategies in your own business operations
  • Take notes for personal reference

5.3 Prohibited Uses - Liquidated Damages

The following uses are strictly prohibited and subject to liquidated damages of $50,000 per violation:

  • Sharing login credentials or course access
  • Recording, screenshotting, or reproducing materials
  • Creating derivative works or competing programs
  • Reverse engineering methodologies
  • Disclosing strategies to non-members
  • Using materials for consulting or coaching others

You acknowledge that these liquidated damages are reasonable given the difficulty in calculating actual damages from IP theft and that they are not a penalty.

6. CONFIDENTIALITY OBLIGATIONS

6.1 Definition of Confidential Information

"Confidential Information" includes all non-public information disclosed through the Services, including:

  • APEX methodologies, strategies, and protocols
  • Member identities and business information
  • Financial models and pricing strategies
  • Vendor relationships and negotiations tactics
  • Marketing strategies and conversion metrics
  • Any information marked or identified as confidential

6.2 Obligations

You agree to:

  • Maintain strict confidentiality indefinitely
  • Use Confidential Information solely for authorized purposes
  • Implement reasonable security measures
  • Immediately notify us of any suspected breach
  • Return or destroy information upon request

6.3 Injunctive Relief

You acknowledge that breach of confidentiality would cause irreparable harm for which monetary damages are inadequate. We are entitled to seek injunctive relief without posting bond, in addition to all other remedies.

7. DISCLAIMERS AND LIMITATIONS

7.1 No Guarantee of Results

EARNINGS AND INCOME DISCLAIMER - FTC COMPLIANCE

WE MAKE NO EARNINGS CLAIMS, EFFORTS OR GUARANTEES CONCERNING YOUR SUCCESS. THE APEX PROGRAM PROVIDES EDUCATION AND STRATEGIES ONLY. ANY EARNINGS OR INCOME EXAMPLES ARE NOT TYPICAL AND YOUR RESULTS WILL VARY BASED ON NUMEROUS FACTORS INCLUDING BUT NOT LIMITED TO:

  • Your background, experience, and work ethic
  • Market conditions and competition
  • Your financial resources and business acumen
  • Economic factors beyond anyone's control

7.2 AS-IS Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

7.3 Professional Disclaimer

NOTHING IN THE APEX PROGRAM CONSTITUTES LEGAL, FINANCIAL, TAX, OR OTHER PROFESSIONAL ADVICE. YOU MUST CONSULT QUALIFIED PROFESSIONALS FOR ADVICE SPECIFIC TO YOUR SITUATION.

8. LIMITATION OF LIABILITY

8.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID TO COMPANY IN THE SIX MONTHS PRECEDING THE CLAIM.

8.2 Exclusion of Damages

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST BUSINESS, OR LOST DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.3 Essential Purpose

THESE LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Company and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your use or misuse of the Services
  • Your violation of any third-party rights
  • Your violation of any applicable laws
  • Any misrepresentation by you
  • Your business operations or implementation of strategies

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.

10. DISPUTE RESOLUTION

10.1 Mandatory Arbitration

PLEASE READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the JAMS Streamlined Arbitration Rules. The arbitration shall be:

  • Conducted in Austin, Texas (or virtually at arbitrator's discretion)
  • Governed by the Federal Arbitration Act
  • Conducted in English
  • Decided by a single arbitrator
  • Subject to limited discovery as determined by the arbitrator

10.2 Class Action Waiver

YOU AND COMPANY 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 PROCEEDING.

10.3 Exception - Small Claims Court

Either party may bring a suit in small claims court for disputes or claims within that court's jurisdiction.

10.4 30-Day Right to Opt Out

You have the right to opt out of arbitration by sending written notice to legal@remoteops.ai within 30 days of first accepting these Terms. Opting out will not affect any other provisions of these Terms.

11. TERMINATION

11.1 Termination by Company

We may terminate your access immediately, without notice, for:

  • Breach of any provision of these Terms
  • Violation of intellectual property rights
  • Sharing of confidential information
  • Non-payment or payment default
  • Misrepresentation or fraud
  • Conduct harmful to other members or Company reputation
  • Any reason at our sole discretion with 30 days notice

11.2 Effect of Termination

Upon termination:

  • Access to Services ceases immediately
  • No refunds will be provided
  • Confidentiality obligations survive
  • You must destroy all Company materials
  • Accrued rights and obligations survive

11.3 Survival

Sections 4 (Payment), 5 (IP Rights), 6 (Confidentiality), 7 (Disclaimers), 8 (Limitations), 9 (Indemnification), 10 (Disputes), and 13 (General) survive termination indefinitely.

12. MODIFICATIONS

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

  • Posting the updated Terms with a new version number and date
  • Sending notice to your registered email address
  • Requiring acknowledgment upon next login

Your continued use after notice constitutes acceptance. If you disagree with changes, your sole remedy is to discontinue use of the Services.

13. GENERAL PROVISIONS

13.1 Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

13.2 Severability

If any provision is found unenforceable, the remainder of these Terms will continue in full force and effect, and an enforceable provision will be substituted reflecting our intent as closely as possible.

13.3 Waiver

No waiver of any term will be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision shall not constitute a waiver.

13.4 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

13.5 Entire Agreement

These Terms, together with the Privacy Policy and any executed NDA, constitute the entire agreement between you and Company regarding the Services and supersede all prior agreements and understandings.

13.6 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation will be null and void.

13.7 Electronic Communications

You consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications satisfy any legal requirement that such communications be in writing.

13.8 Statute of Limitations

You agree that any claim arising out of or related to these Terms or the Services must be filed within one (1) year after such claim arose, or be forever barred.

14. CONTACT INFORMATION

APEX Remote Operations LLC

Legal Department

Email: legal@remoteops.ai

Phone: 1-800-APEX-OPS

Mailing Address: [To be provided]

For support inquiries: support@remoteops.ai

FINAL ACKNOWLEDGMENT

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT:

  • You have read and understood these Terms in their entirety
  • You have had the opportunity to seek independent legal counsel
  • You are entering into a legally binding agreement
  • You have the authority to accept these Terms
  • You understand the financial commitment and refund policy
  • You accept the arbitration agreement and class action waiver