Terms of Service

These Terms of Service ("Terms") govern access to and use of the APX Intelligence platform, website, and related services (the "Services") provided by APX Intelligence ("APX," "we," "us," or "our").

By creating an account or using the Services, you agree to these Terms. If you use the Services for an organization, you agree on behalf of that organization and confirm you have authority to do so. In that case, "you" means the organization. If you and APX have signed an order form or pilot agreement, it controls where it conflicts with these Terms.

1. The Services

APX lets businesses build AI agents that analyze phone calls. The Services can connect to your phone system or receive recordings and transcripts you send us, transcribe calls, score them against the prompts and scorecards you define, and deliver reports, alerts, and digests.

We are continually improving the Services and may add, change, or remove features. If we remove a feature you materially rely on, we will give you reasonable notice.

Pilots and early access

Some features may be offered as a pilot, early access, or beta. They may change, have limits, or be discontinued, and they are provided as-is.

2. Accounts

You must be at least 18 and able to form a binding contract. You agree to:

• Provide accurate account information and keep it current
• Keep your credentials secure and not share them
• Add only authorized people to your organization, and remove them when they no longer need access
• Tell us promptly at security@apxintelligence.com if you suspect unauthorized access

You are responsible for activity under your organization's accounts.

3. Your Data

Ownership

"Customer Data" means call recordings, transcripts, call metadata, and other content you or your phone system send to the Services, plus the analyses, scores, and reports generated from them. As between you and APX, you own Customer Data.

Our use of Customer Data

You give APX permission to host, copy, transmit, and process Customer Data only as needed to provide, secure, and support the Services for you, and as required by law. We do not use Customer Data to train or fine-tune AI models, and we do not sell it. Our Privacy Policy and Security page describe how we handle it. We will sign a data processing agreement on request.

Deletion and export

You can ask us to delete Customer Data at any time. When your account ends, you may request an export within 30 days. After that, we permanently delete Customer Data as described in our Privacy Policy. We may keep billing and account records, usage statistics that do not contain call content, and security logs as described there.

Usage information

We may use aggregated, de-identified information about how the Services are used (for example, call volumes and feature usage) to operate and improve the Services. This information does not identify you, your callers, or the content of your calls.

4. Your Responsibilities for Calls

Recording notice and consent

You are solely responsible for complying with laws that apply to recording, transcribing, and analyzing calls, including federal and state wiretap and call-recording laws, some of which require the consent of every party to a call. You must give any required notices and obtain any required consents before sending a call to the Services.

Right to send data

You confirm you have the rights and permissions needed to send Customer Data to APX and to have it processed as described in these Terms.

Sensitive data

Unless we have signed a written agreement covering it (such as a HIPAA business associate agreement), you will not use the Services to process protected health information, and you should avoid sending full payment card numbers or government ID numbers. If your calls may contain this information, contact us before connecting them.

Phone-system connections

When you connect a third-party phone system, you authorize us to access it on your behalf to retrieve recordings and call information. Your use of that provider is governed by your agreement with them, and we are not responsible for their services.

5. AI Output

The Services use AI models to transcribe and analyze calls. You understand that:

• Transcripts, scores, summaries, and recommendations ("Output") are generated automatically and may be incomplete or wrong
• Output reflects the prompts, scorecards, and thresholds you configure
• Output is not legal, compliance, HR, or other professional advice
• You are responsible for how you use Output. Before making decisions that significantly affect a person, such as discipline, termination, or pay, a person should review the underlying call.

As between you and APX, you own the Output generated from your Customer Data.

6. Acceptable Use

You will not:

• Use the Services to break the law or violate anyone's rights, including privacy and recording laws
• Use the Services to monitor or surveil individuals in ways the law does not allow
• Try to access data or accounts that aren't yours, or probe, scan, or test the Services' security without our permission (please report vulnerabilities to security@apxintelligence.com)
• Interfere with or overload the Services, or get around usage limits
• Reverse engineer the Services, except where the law allows it
• Resell or provide the Services to third parties without our written permission
• Send malware or content you have no right to send

We may suspend access if needed to stop a violation or protect the Services, other customers, or the public. When practical, we will tell you first and give you a chance to fix the issue.

7. Fees and Payment

• Fees are set out in your order, pilot agreement, or the payment link we send you.
• Unless your order says otherwise, subscriptions are billed monthly in advance and renew each month until canceled.
• You can cancel at any time by contacting us. Cancellation takes effect at the end of the current billing period, and fees already paid are non-refundable except where required by law.
• Plans may include usage limits, such as a monthly number of analyzed calls. Calls over the limit may be paused until the next period or until you upgrade.
• We may change prices with at least 30 days' notice. Changes apply from your next billing period.
• Fees don't include taxes. You are responsible for applicable taxes other than taxes on our income.

8. Our Intellectual Property

APX owns the Services, including our software, models, designs, and documentation, but not your Customer Data or Output. We grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription under these Terms. If you send us feedback, we may use it without obligation to you. The APX name and logo are our trademarks.

9. Confidentiality

Each of us will protect the other's non-public information shared in connection with the Services with reasonable care, and use it only to perform under these Terms. This does not apply to information that is public, already known, independently developed, or lawfully received from someone else. Either of us may disclose confidential information if required by law, after giving notice where allowed.

10. Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES AND OUTPUT 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 OR ERROR-FREE, THAT EVERY CALL WILL BE RETRIEVED OR ANALYZED, OR THAT OUTPUT WILL BE ACCURATE.

11. 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, REVENUE, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID APX IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

THESE LIMITS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS OR TO YOUR OBLIGATIONS UNDER SECTION 12.

12. Indemnification

You will defend and indemnify APX against third-party claims, and related losses and reasonable legal fees, arising from Customer Data, your failure to provide required recording notices or obtain required consents, or your violation of these Terms or applicable law.

13. Term and Termination

These Terms apply while you use the Services. You may stop using the Services and close your account at any time. We may terminate or suspend your access if you materially breach these Terms and do not fix the breach within 15 days of notice, if you fail to pay, or immediately where needed to prevent serious harm or comply with law.

When your account ends, your right to use the Services ends, and Customer Data is handled as described in Section 3. Sections that by their nature should survive (including 3, 5, 8 through 12, and 14 through 16) survive.

14. Disputes

Before filing a claim, each party agrees to try to resolve the dispute informally by contacting the other for at least 30 days. Claims must be brought individually, not as part of a class or representative action. Either party may seek injunctive relief in court to protect its intellectual property or confidential information.

15. Changes to These Terms

We may update these Terms. For material changes, we will notify account holders by email or in the Services at least 30 days before they take effect. If you keep using the Services after that, the updated Terms apply. If you don't agree, you may cancel before they take effect.

16. General

• Entire agreement: These Terms, any order or pilot agreement, and our Privacy Policy are the entire agreement between us about the Services.
• Assignment: Neither party may assign these Terms without the other's consent, except to a successor in a merger, acquisition, or sale of substantially all related assets.
• Force majeure: Neither party is liable for delays caused by events beyond its reasonable control, except for payment obligations.
• Severability and waiver: If a provision is unenforceable, the rest remains in effect. Not enforcing a provision is not a waiver.
• Notices: We may send notices to the email address on your account. Send notices to us at security@apxintelligence.com.

17. Contact Us