Apex

EULA, Terms of Service, and Privacy Policy for The Apex App

Privacy Policy

Your Privacy

When you use The Apex App, you trust us with your personal data. We are committed to keeping that trust. That starts with helping you understand our privacy practices and what we do with your data.

This notice describes the personal data we collect, how it’s used, and your choices regarding this data.

Overview

Our privacy policy specifically applies to:

  • Users: individuals who use our mobile application (the “App”), our Website (the “Site”) or other products and services that may link to our App or Site (collectively, the “Service”).
  • Content Creators: Users who create, and invite others to join, private communities using our Service;
  • Community Members: Users who join private communities created by Content Creators.

Information We Collect

We collect the following data:

  1. Data provided by Users, Content Creators and Community Members. This includes:
  2. Identity Verification.

    • Users: When you sign up for our Service, we ask you to verify your identity by signing in using your AppleID. Thus, we will collect information regarding your AppleID, but will not have access to the email address associated with your AppleID.
    • Community Members. If you decide to join a community created by a Content Creator, they will ask you to verify your identity through a popular social networking site (e.g., Twitter, Facebook or Instagram). If you have questions about how the Content Creator uses, collects and discloses the information you provide, you should contact Content Creator directly.
  3. Payment Information.

    • Community Members: Content Creator may charge Community Members a monthly subscription fee to join and maintain access to Content Creator's private community. Payment for the subscription fee will be processed through Stripe. If you have questions about how the Content Creator uses, collects and discloses the information you provide in connection with your payment, you should contact Content Creator directly. We here at The Apex App will not separately maintain or possess your payment information.
    • Content Creators: Payments we receive from a Content Creator for use of our Services are also processed through Stripe. We collect data to maintain the Content Creator's Stripe account, but do not collect information related to Content Creator's credit card or financial data.
  4. Data shared during use of our Services. This includes:
  5. Communications between Users.

    • A User can share messages, comments and other content (“Posts”) with other Users, Content Creators or other Community Members. A User may also send private messages directly to other Users within their private communities (“Messages”). We do not collect this data but Content Creators may collect Posts and Messages. If you have questions about how a Content Creator for a private community uses, collects and/or discloses Messages and Posts you provide, you should contact the Content Creator directly.

Use of Information

We may use the personal data we collect to investigate or address claims or disputes relating to our Services, or as otherwise allowed by applicable law, or as requested by regulators, government entities, and official inquiries.

We may use the information we collect (including recordings of customer support calls with notice to and the consent of the user) to provide customer support, including to:

  • Direct questions to the appropriate customer support person
  • Investigate and address User questions and/or concerns
  • Monitor and improve our customer support responses and processes

We do not sell or share User, Content Creator or Community Member personal data with third parties for direct marketing, unless we have received consent from such person to do so.

Storage of Information

We take reasonable measures to protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. We also seek to minimize the data we keep and information is stored only as long as necessary to accomplish the purposes described in this privacy policy.

We retain User profile data for so long as a User maintains their account.

Sharing of Information

We share information as follows:

  • With User Consent. We may share a User’s personal data other than as described in this notice if we notify the User and they consent to the sharing.
  • At the User’s request. This includes sharing data with Content Creators, payment processors and facilitators.

The Content Creator may also share aggregated, de-identified or non-personal information about you as follows or as otherwise described in this privacy policy:

  • With other Users within the Content Creator’s private community by providing them with your Posts and Messages. Note that if you choose to include information about you in your Posts or Messages, such information will be shared with other Users of the Service who receive such Posts or Messages as described in this privacy policy. Moreover, a Content Creator may further share and/or broadcast this information containing information about you. Also, please note that if you or other Users choose to share a Message or Post through a third party, such as Facebook, Twitter or an email client, any further collection and sharing of that Post by such third party or its users will be governed by that third party’s privacy policy, and we cannot control what any third party does with any Posts or other information that is shared with third parties.

Analytics Services Provided by Others

We may allow third parties to provide analytics services to us. For example, we currently use Heap for analytics and TypeForm for surveys on our website. We use these tools to help us improve our Services, performance, and user experiences. The information collected may include unique device identifiers, device manufacturer and operating system, IP address, browser type, session start/stop time, and user activity.

Push Notifications and Alerts

With your consent, we may send push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.

Information Security

We maintain physical, electronic and procedural security measures to help safeguard User data which are consistent with industry standards and practice and in compliance with applicable law. Third parties that provide us with support or services and that may also receive User data are required by us to maintain security measures similar to ours with respect to such information. We take reasonable precaution, consistent with industry standards and practice, to protect User data from loss, misuse, unauthorized access, disclosure, alteration, and destruction. However, no information or communication system can be 100% secure, so we cannot guarantee the absolute security of your data. In addition, we are not responsible for the security of data that you transmit to us over networks that we do not control, such as the Internet and wireless networks.

Modifications

We may update this privacy policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review the privacy policy periodically to stay informed about our practices and the ways you can help protect your privacy.

Your Rights

You are entitled to ask:

  • To withdraw your consent
  • For a copy of the personal information we hold about you, and details about how we are using your personal information;
  • To have any inaccuracies in your personal information corrected;
  • For us to provide your personal information to you in a structured, commonly-used and machine-readable format, and;
  • To have your personal information erased, or for our use of it to be restricted. This will happen automatically if you delete The Apex App from your mobile device. Please note the erasure of your personal information and/or our restricted use of your personal information may impact the useability of our Services.

Please contact us at help@joinapex.com or in-app if you would like to exercise any of these rights.

EULA and Terms of Service

The following End-User License Agreement and Terms of Use (the “Terms”) govern your use of The Apex App and provide information about our Services. When you create an account with The Apex App, or use The Apex App you are agreeing to these Terms.

The Services

We at The Apex App agree to provide you with the Services which include:

  • Offering the opportunity to share, create and communicate within private communities. The Apex App will facilitate the development and fostering of private communities in which the Content Creators and Community Members can share ideas, create and share content and communicate with one another.
  • Maintaining a positive and safe environment. The Apex App will provide tools and resources to our Content Creators and Community Members that help to make their experiences positive and rich. We will also work to combat any abuse and violations of our Terms and any harmful and deceptive behavior. We use all the information we have, including your information, to try to keep our platform secure. We also may share information about misuse or harmful content with law enforcement.
  • Research and innovation. We use the information we have to study our Service and collaborate with others on research to make our Service better and contribute to the well-being of our private community.

The Economics of The Apex App

The economics are simple: The Apex App is free to use. However, each Content Creator that creates a private community may or may not choose to charge Community Members a fee for access to their private community. Whether there is a fee (monthly or otherwise) associated with accessing any particular private community is up to the sole discretion of Content Creator for each particular private community. For Content Creators, we do not charge you a fee for creating and maintaining private communities that are free to access by Community Members. However, for Content Creators, if you charge Community Members a fee to access a private community, The Apex App will charge you up to twenty percent (20%) of the fees you charge, less any chargebacks or refunds. Our intent is to take a portion of the funds a Content Creator actually receives.

For Content Creators that charge a fee for accessing private communities, we will provide a payments platform (i.e., Stripe and/or Apple Pay) that will allow the Community Members of your private community to pay for access. Fees paid by Community Members will accrue in our account with the payment processor(s) for our platform. Fees paid by the Community Members of your private community will be accessible to Content Creators within ten (10) business days of receipt of such funds into our account with the payment processor(s). Using our payments platform, Content Creators can request all, or a portion, of the collected fees be transferred to their own account with the payment processor(s), or Content Creators may leave the funds in our account indefinitely and transfer the funds at a later date.

Private Communities

The Apex App will allow Content Creators to create private communities and invite individuals to join a private community. Within each private community, the members will be able to communicate with each other, create and share content. Except for the handful of explicit rules listed in these Terms that apply to use of The Apex App, the Content Creator is responsible for creating the rules and regulations of each private community. This includes whether to charge a fee, who is invited to join, rules of engagement and interaction within the private community, grounds for expelling and/or banning Community Members, etc.

The Apex App Privacy Policy

Providing our Service requires collecting and using your information. The Apex Privacy Policy explains how we collect, use, and share information related to your use of The Apex App. It also explains the many ways you can control your information. You must agree to The Apex App Policy to use The Apex App.

Your Responsibilities

In return for our commitment to provide the Service, we require you to make the below commitments to us when using The Apex App.

Who Can Use The Apex App.

  • You must be at least 13 years old.
  • You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
  • We must not have previously disabled your account for violation of law or any of our policies.
  • You must not be a convicted sex offender.

Prohibited Use of The Apex App.

  • You cannot provide objectional content.

We understand that content that is objectional to one User may not be objectional to others. Because of this, we reserve the right, and you agree that we have the right, to remove any content we deem objectionable in our sole discretion.

  • You cannot harass or abuse other Users of The Apex App.
  • You cannot do anything unlawful, fraudulent or for an illegal purpose.
  • You cannot violate (or help or encourage others to violate) these Terms
  • You cannot do anything to interfere with or impair the intended operation of the Service.
  • You cannot attempt to create accounts or access or collect information in unauthorized ways.

Permissions You Give The Apex App.

  • Content Creators and Community Members grant The Apex App a license to use the content you create. We do not claim ownership of your content that you post on the Service. Instead, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it. To learn more about how we use information, and how to control or delete your content, review The Apex Privacy Policy.
  • Community Members grant Content Creators a license to use the content created and shared in each Content Creator’s private community.

Community Members of a private community hereby grant the Content Creator of the private community a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of the content you create and share in the applicable private community.

  • You agree that we can download and install updates to the Service on your device.
  • You agree that if/when you use content covered by our intellectual property rights that we have and make available in our Service, we retain all rights to our content but not your content.

Content Removal and Disabling and/or Terminating Your Account

  • We can remove any content or information you share on the Service if we believe that it violates these Terms, our policies, or we are required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your account) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms or our policies, if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law.
  • Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it, or you have shared it with others.

Other Terms to be Aware of

Responsible Parties.

  • You are responsible for the content you post.
  • Our Service is provided "as is," and we cannot guarantee it will be safe and secure or will work perfectly all the time.
  • TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
  • We do not control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.

Updating These Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.