Terms of Service

SMS Terms & Conditions

By providing your mobile phone number and agreeing to receive text messages from Apex Marketing, you consent to receive SMS communications related to the services you have requested.

Messages may include lead notifications, service notifications, account updates, and other operational communications.

Message frequency varies. Message and data rates may apply.

You can opt out at any time by replying STOP. After opting out, you will no longer receive SMS messages unless you provide consent again. For assistance, reply HELP or contact Apex Marketing directly.

Consent to receive SMS messages is not a condition of purchasing any product or service.

Wireless carriers are not responsible for delayed or undelivered messages.

Apex Marketing may update these SMS Terms from time to time.

1. Overview & Nature of Our Services

Apex Marketing ("Apex," "we," "us," or "our") is an advertising and lead-generation agency. We provide paid advertising management and digital marketing services, including but not limited to Meta (Facebook & Instagram) Ads, Google Ads (Search, Display, Shopping, and YouTube), ad creative and copywriting, campaign strategy, and performance reporting.

These Terms of Service ("Terms") govern your access to and use of our website and the advertising and lead-generation services we provide. By using our website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.

2. Our Services

Apex provides advertising and lead-generation services on behalf of our clients. Specifically, we:

• Design, launch, and manage paid advertising campaigns on Meta (Facebook & Instagram) and Google platforms.
• Develop ad creative, copy, and campaign strategy designed to generate leads and conversions for our clients' businesses.
• Provide performance reporting, analytics, and ongoing campaign optimization.

We do not guarantee specific results, including any particular number of leads, sales, return on ad spend (ROAS), or revenue. Advertising results depend on factors outside our control, including platform algorithms, market conditions, and the quality of the client's offer and website.

3. Client Responsibilities

You agree to provide accurate information about your business, website, offer, and objectives, and to grant us access to the advertising accounts and assets reasonably required to perform our services. You are responsible for ensuring your website, offer, products, and any promotions comply with all applicable laws and the advertising policies of Meta and Google.

4. Fees & Payment

Fees for our services are described in your proposal, quote, or agreement. Unless otherwise stated:

• Management fees and any setup fees are due in advance as agreed.
• Ad spend (the budget you choose to spend on advertising on Meta or Google platforms) is separate from our management fees and is paid by you directly to the advertising platform or remitted to us as agreed.
• Payments are processed securely. By providing payment information, you authorize us to charge the agreed amounts.

5. Billing & Subscription Term

Unless otherwise agreed in writing, our services are provided on a recurring monthly basis. Your subscription renews automatically each month until canceled. You may cancel by providing written notice as described in our Refund/Cancellation Policy. Fees already paid for completed work are non-refundable except as set out in that policy.

6. Refunds & Cancellation

Our refund and cancellation terms are set out in detail in our Refund/Cancellation Policy, which is incorporated into these Terms by reference. Please review it before purchasing our services.

7. Intellectual Property

All content on this website and all work product we create for you (including ad creative, copy, and strategy) remains the property of Apex Marketing or its licensors unless otherwise agreed. During your engagement and for the purpose of providing our services, we grant you a non-exclusive, non-transferable license to use the deliverables we create for you. Upon full payment and termination, this license continues for your ongoing use of the deliverables for your business.

8. Confidentiality & Data Use

We treat your business information as confidential and only use it to provide our services. Our collection and use of personal information are described in our Privacy Policy.

9. Disclaimer of Warranties

Our website and services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our services will be uninterrupted, error-free, or that any advertising campaign will achieve specific results.

10. Limitation of Liability

To the maximum extent permitted by law, Apex Marketing shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to your use of our website or services. Our total aggregate liability for any claim arising out of these Terms shall not exceed the total fees you paid to us in the three (3) months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless Apex Marketing and its employees and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of your use of our services, your breach of these Terms, or your violation of any applicable law or third-party right.

12. Changes to These Terms

We may update these Terms from time to time. The most current version will always be posted on this page with an updated "Last updated" date. Continued use of our services after changes take effect constitutes acceptance of the revised Terms.

13. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Pinellas County, Florida.

14. Contact Us