Terms of Service & Privacy Policy

Effective Date: March 1, 2026 · Last Updated: March 1, 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 Martell Ventures Inc. ("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, Martell Ventures Inc., 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 Martell Ventures Inc. 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 Martell Ventures Inc. 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 Martell Ventures Inc. ("Apex," "we," "us") collects, uses, stores, and protects information when you use the Apex Service. We are committed to protecting your privacy and handling your data responsibly.

14. Information We Collect

14.1 Information You Provide

Account registration information (name, email address, password)
Billing and payment information (processed securely via third-party payment processors)
Automation configurations, instructions, and workflow settings you create
Support communications and feedback

14.2 Information Collected Automatically

Usage data: which features you use, frequency of use, session durations
Technical data: device type, operating system version, software version, crash reports
Performance and diagnostic logs to improve reliability
IP address and general location data

14.3 Data Processed During Automations

When Apex executes automations on your behalf, it may access and temporarily process file contents, application data, and other information on your system. This data is processed locally on your device and is NOT stored on our servers unless you explicitly configure a cloud feature that requires it.

15. How We Use Your Information

To provide, maintain, and improve the Service
To authenticate your account and authorize access
To process payments and manage your subscription
To send service-related communications and security alerts
To troubleshoot technical issues and respond to support requests
To analyze aggregated, anonymized usage patterns to improve the Service
To comply with applicable legal obligations

We do NOT sell your personal information to third parties.

We do NOT use your automation data or file contents to train AI models without your explicit consent.

16. Data Security

TLS 1.2+ encryption for all data in transit
AES-256 encryption for data at rest on our servers
Access controls limiting employee access to personal data
Regular security audits and vulnerability assessments

Despite these measures, no system is 100% secure. In the event of a data breach that poses a real risk of significant harm, we will notify the Office of the Privacy Commissioner of Canada (OPC) as required under PIPEDA.

17. Data Retention

We retain your account information for as long as your account is active or as needed to provide the Service. You may request deletion at any time by contacting support@apex.host.

18. Third-Party Services

When you connect Apex to a third-party service, that service's privacy policy governs their handling of your data. All our service providers are contractually required to protect your data.

19. Your Privacy Rights

Access: Request a copy of personal data we hold about you
Correction: Request correction of inaccurate data
Deletion: Request deletion of your personal data
Portability: Request your data in a portable format
Opt-out: Opt out of certain data uses including marketing communications

Contact support@apex.host. We will respond within 30 days.

20. Canadian Privacy Law Compliance

We comply with PIPEDA and applicable provincial privacy legislation. Residents of Quebec have additional rights under Law 25 (Bill 64).

21. International Data Transfers

Apex is operated by Martell Ventures Inc., incorporated in Canada. If you access the Service from outside Canada, your personal information will be transferred to and processed in Canada. By using the Service, you consent to this transfer.

22. US Residents — California Privacy Rights (CCPA/CPRA)

California residents have the right to know, delete, correct, opt-out of sale (we do not sell your data), and be free from discrimination. Contact support@apex.host to exercise these rights.

23. US Residents — Other State Privacy Laws

Residents of Virginia, Colorado, Connecticut, Texas, and other US states with applicable privacy legislation have rights to access, correct, delete, and port your personal data. Contact support@apex.host.

24. Children's Privacy (COPPA)

The Service is not directed at children under 13. We do not knowingly collect personal information from children under 13. Contact support@apex.host if you believe we may have collected such information.

25. CAN-SPAM Compliance

Commercial email communications to US residents comply with the CAN-SPAM Act. Opt-out requests will be honoured within 10 business days.

26. Governing Law — Notice to US Users

US-based users consent to the exclusive jurisdiction of the Province of British Columbia, Canada for dispute resolution, administered by the ADR Institute of Canada, seated in Kelowna, British Columbia.

27. Contact

Email: support@apex.host

Address: 306-460 Doyle Ave, Kelowna BC, V1Y 0C2