Terms of Service

1. Agreement to Terms

By accessing or using the Apex Digital Growth Audit™ services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our Services.

These Terms apply to all visitors, users, and others who access or use the Services, including but not limited to audit recipients, retainer clients, and users of our MonetizeNichAI™ optimization platform.

2. Services Description

Apex Digital Growth Audit™ provides digital marketing analysis, optimization services, and AI-assisted business growth solutions. Our Services include:

• Complimentary digital audits analyzing your online presence
• Retainer-based digital maintenance and optimization services
• Content creation and scheduling through our proprietary tools
• Paid advertising management and optimization
• Competitive analysis using third-party data providers (SimilarWeb, etc.)
• MonetizeNichAI™ growth optimization for qualified businesses

3. Audit Services

Our complimentary digital audit is provided as an informational resource. By requesting an audit, you acknowledge:

• Audit findings are based on publicly available information and automated analysis
• Results are provided "as-is" without warranties of any kind
• We may analyze your website URL and competitive landscape using third-party tools
• Audit reports are confidential and for your business use only
• Implementation of recommendations is at your sole discretion and risk

4. Retainer Services

Paid retainer services are provided on a month-to-month basis unless otherwise specified in writing. By engaging our retainer services:

• You grant us limited access to your digital properties as necessary to perform services
• You retain full ownership of your content, brand assets, and intellectual property
• We retain ownership of our proprietary tools, processes, and methodologies
• Either party may terminate services with 30 days written notice
• Fees are billed monthly in advance and are non-refundable once work has commenced

5. AI-Assisted Services & Human Oversight

Our Services utilize artificial intelligence and automation under human supervision. You acknowledge:

• AI tools assist but do not replace human strategic oversight
• All significant changes require client approval before implementation
• We maintain quality control processes to review AI-generated content
• AI recommendations are suggestions, not guarantees of specific outcomes

6. Payment Terms

For paid services:

• Fees are specified in your service agreement or pricing calculator estimate
• Payment is due monthly in advance via credit card or ACH transfer
• Late payments may result in service suspension after 7 days
• Price adjustments require 30 days advance notice
• Refunds are handled on a case-by-case basis per our Refund Policy

7. Intellectual Property

The Services, including MonetizeNichAI™ branding, proprietary tools, methodologies, and all related intellectual property, are owned by Apex Digital Growth Audit™ and protected by copyright, trademark, and other laws.

You may not reproduce, distribute, modify, or create derivative works from our proprietary materials without express written permission.

8. Limitation of Liability

To the maximum extent permitted by law, Apex Digital Growth Audit™ shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, revenue, or data, arising from your use of our Services.

Our total liability for any claims related to the Services shall not exceed the amount you paid us in the 12 months preceding the claim.

9. Disclaimer of Warranties

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

We do not guarantee specific results, rankings, traffic increases, or revenue growth from our Services.

10. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of the Services after changes constitutes acceptance of the modified Terms.

11. Contact Information

For questions about these Terms, please contact us through the audit request form on our website or via email at [email protected].