Terms of Service & Privacy Policy

Effective Date: March 1, 2026  ·  Last Updated: July 22, 2026

IMPORTANT — PLEASE READ CAREFULLY

Apex is an automated software tool that accesses your computer files, applications, and system resources to perform tasks on your behalf. By using Apex, you grant the software permission to take automated actions on your systems. Please read these Terms carefully before using the Service.

Part I — Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User" or "you") and 1573638 B.C. Ltd., doing business as Apex ("Apex," "we," "us," or "our") governing your access to and use of the Apex software platform, including all associated tools, automation services, bots, and features (collectively, the "Service").

By downloading, installing, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not install or use the Service.

2. Description of Service

Apex is an automation software tool built on the OpenClaw framework that enables users to automate tasks across their computer systems, files, and third-party applications. The Service may:

  • Access, read, modify, move, copy, or delete files on your local computer or connected storage
  • Execute automated sequences of actions across software applications
  • Connect to third-party applications and services you authorize
  • Process and transmit data as required to perform automated tasks
  • Run in the background on your system to perform scheduled or triggered automations
⚠️ Apex operates with the permissions you grant it at the time of installation. Misconfigured automations or errors in instructions may result in unintended file modifications or deletions. Always maintain current backups of your important data before using Apex.

3. User Responsibilities

3.1 Backup Obligations

You are solely responsible for maintaining current and complete backups of all data, files, and system states before deploying Apex automations. Apex strongly recommends creating a full system backup before initial use and before running any new automation sequence.

3.2 Authorized Use Only

You may only use Apex to automate tasks on systems, accounts, and applications that you own or have explicit written authorization to access. Using Apex to access third-party systems without authorization may violate applicable laws including Canada's Criminal Code provisions on unauthorized computer access, the Computer Fraud and Abuse Act (CFAA) where applicable, and similar legislation.

3.3 Compliance with Third-Party Terms

Many third-party applications prohibit automated access. You are responsible for ensuring your use of Apex complies with the terms of service of all third-party platforms you connect to through the Service.

3.4 Review of Automation Instructions

You are responsible for reviewing, testing, and validating all automation workflows before deployment. You acknowledge that errors in automation logic or instructions may produce unintended results.

4. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or system compatibility.

Apex does not warrant that the Service will operate without interruption, errors, or defects; that automations will execute exactly as intended in all circumstances; that the Service is compatible with all operating systems, applications, or file formats; that the Service will not cause data loss, corruption, or system instability; or that any specific outcome or efficiency improvement will result from use of the Service.

5. Limitation of Liability

To the maximum extent permitted by applicable law, 1573638 B.C. Ltd., doing business as Apex, its directors, officers, employees, agents, partners, and affiliates shall not be liable for any loss, corruption, destruction, or unauthorized access to your files, data, or system; any direct, indirect, incidental, special, consequential, or punitive damages; lost profits, revenue, data, goodwill, or business opportunities; system damage, downtime, or recovery costs; or damages resulting from your reliance on automation outputs or recommendations.

In no event shall our cumulative liability exceed the greater of: (A) the total fees you paid in the twelve (12) months preceding the claim; or (B) one hundred Canadian dollars (CAD $100.00).

⚠️ Automated tools can cause irreversible data loss. Apex strongly recommends that users never run automations without verified, up-to-date backups. Apex will not be liable for data loss under any circumstances.

6. Acceptable Use Policy

You agree NOT to use Apex to:

  • Access systems, networks, or data without authorization
  • Automate actions that violate the terms of third-party platforms
  • Circumvent security measures, access controls, or authentication systems
  • Conduct unauthorized data harvesting, scraping, or collection at scale
  • Engage in any activity that violates applicable laws or regulations
  • Introduce malware, viruses, or malicious code through automations
  • Interfere with or disrupt the integrity of any system or network

7. Intellectual Property

The Service, including all software, algorithms, frameworks, documentation, and related materials, is owned by 1573638 B.C. Ltd., doing business as Apex and protected by copyright, trade secret, and other applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose.

8. Termination

We may suspend or terminate your access to the Service at any time for breach of these Terms. You may terminate your use at any time by uninstalling the software. Upon termination, your license to use the Service ends immediately.

9. Indemnification

You agree to indemnify, defend, and hold harmless 1573638 B.C. Ltd., doing business as Apex and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any third-party rights.

10. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Province of British Columbia, Canada. Any dispute shall be resolved by binding arbitration administered by ADR Institute of Canada, with proceedings conducted in Kelowna, Canada. You waive any right to participate in a class action.

11. Modifications

We may update these Terms at any time. For material changes, we will provide reasonable notice via email or in-app notification and require your affirmative acceptance before continued use of the Service. For non-material changes, continued use of the Service after the effective date of updated Terms constitutes acceptance.

12. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

Part II — Privacy Policy

13. Introduction

This Privacy Policy describes how 1573638 B.C. Ltd., doing business as Apex ("Apex," "we," "us"), registered at 306-460 Doyle Avenue, Kelowna, BC V1Y 0C2, collects, uses, stores, and protects personal data when you visit apex.host, join our waitlist, book a call, or use the Apex platform.

Apex is a Canadian company. We comply with Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) as our primary privacy law. Where you are in the EU or UK, the EU and UK General Data Protection Regulation (GDPR) also applies.

Privacy requests: privacy@apex.host

Short version: we collect what we need to run the product and the business. We do not sell your personal data.

14. What this policy covers and what it does not

When you interact with Apex directly (as a visitor, waitlist member, prospect, or account holder), we are the data controller and this policy applies.

When a client runs their business data through Apex agents, Apex processes it as a processor on the client's instructions. That processing is governed by the Client Service Agreement and Data Processing Agreement with the client, not this policy. If your data reached Apex through one of our clients, contact that client first.

15. Data we collect

Data you give us

Name and email (waitlist); name, email, phone, company details, assessment responses, call recordings (sales process); account credentials and configuration; billing name, address, and transaction history (card details go to Stripe — we never store full card numbers); support and community messages via Slack and email.

Data from other sources

If we identify you as a potential fit for Apex, we may receive your name, work email, role, and company from publicly available sources or referrals. We will tell you the source at first contact.

Data collected automatically

Pages visited, features used, IP address, browser type, OS, timestamps, error logs, and cookie data (see section 22).

16. How we use your data and our legal bases

Every use of your personal data rests on a legal basis under PIPEDA and, where applicable, Article 6 GDPR:

  • Waitlist management — Consent
  • Sales calls, assessments, follow-up — Pre-contract steps; legitimate interests
  • Account management and service delivery — Performance of contract
  • Payment processing — Performance of contract; legal obligation
  • Slack community and support — Performance of contract
  • Product analytics and abuse prevention — Legitimate interests
  • Marketing communications — Consent; legitimate interests for existing customers (opt-out in every message)
  • B2B outreach where we sourced your details — Legitimate interests (you can object at any time)
  • Legal compliance and dispute resolution — Legal obligation; legitimate interests

Where we rely on legitimate interests, we have weighed them against your rights. You can request a summary of that assessment at privacy@apex.host.

You are never obliged to give us personal data, but some is necessary to deliver the service.

Commercial email: all commercial emails comply with Canada's Anti-Spam Legislation (CASL). We send them only with your consent or an existing business relationship, every message identifies Apex, and every message contains an unsubscribe link honored within 10 business days.

17. AI processing

Apex agents are powered by Anthropic's Claude models via API. Content submitted to agents may be processed by Anthropic as a subprocessor. Anthropic's Commercial Terms contractually prohibit training on customer data. We do not train our own models on client data.

We do not use your personal data to make automated decisions that produce legal or similarly significant effects on you without human involvement (Art. 22 GDPR).

18. Who we share data with

We share data only with subprocessors bound by contract to protect it. Our current subprocessors — including Anthropic, Stripe, Slack, Cal.com, Fireflies.ai, Vercel, Google Analytics, Resend, and Google Workspace — are listed at apex.host/subprocessors. We update that page before adding any new subprocessor.

We do not sell personal data. We do not share it with advertisers.

We may disclose data if the law requires it or as part of a merger or acquisition, in which case this policy continues to apply.

19. Call recording

Sales and onboarding calls may be recorded using Fireflies.ai. All participants are notified at the start of every recorded call. Recordings are retained for 24 months then deleted.

20. International transfers and retention

Apex operates from Canada, which the European Commission recognizes as providing adequate protection. Where data moves to US-based providers, we rely on adequacy decisions, EU Standard Contractual Clauses, or equivalent safeguards. You can request a copy of the safeguards for any specific transfer.

Retention periods:

  • Waitlist data: until access granted, unsubscribed, or 24 months inactive
  • Sales call recordings and notes: 24 months
  • Account data: contract term plus 90-day wind-down
  • Billing records: 7 years (Canadian tax law)
  • Server and application logs: 90 days rolling

21. Your rights

If you are in Canada (PIPEDA): access, correction, withdrawal of consent, and the right to know how your data is used. Complaints to the Office of the Privacy Commissioner of Canada.

If you are in the EU or UK (GDPR): access, rectification, erasure, restriction, portability, objection to legitimate interests processing, and withdrawal of consent. Complaints to your local supervisory authority (in the UK, the ICO).

Wherever you are: email privacy@apex.host. Requests are free. We respond within one month; complex requests may take up to three months total with notice. We may verify your identity first. Some rights have limits — we cannot erase billing records required by law.

22. Cookies

apex.host uses strictly necessary cookies by default. We use Google Analytics for site visit tracking, which sets analytics cookies — these fire only after you accept via the cookie consent banner. You can change your choice at any time. Vercel Analytics is also in use for platform performance; it is cookieless and requires no consent.

23. Security

We use TLS 1.2+ encryption in transit, AES-256 encryption at rest, access controls, and least-privilege practices. Client environments run on dedicated self-hosted servers isolated per client. If a breach creates a risk to your rights, we will notify the relevant supervisory authority within 72 hours and notify you directly where the risk is high. Under PIPEDA, we notify the OPC and affected individuals when a breach creates a real risk of significant harm.

24. Children

The Service is not directed at anyone under 18. We do not knowingly collect data from minors. Contact privacy@apex.host if you believe a minor has provided us data.

25. Changes to this policy

Material changes get notice by email or in the product before they take effect. The date at the top tells you the current version.

26. Contact

1573638 B.C. Ltd. DBA Apex

306-460 Doyle Avenue, Kelowna, BC V1Y 0C2, Canada

Privacy requests: privacy@apex.host

Full subprocessor list: apex.host/subprocessors

© 2026 1573638 B.C. Ltd., doing business as Apex. All rights reserved.