These Terms and Conditions ("Terms") govern access to and use of the ApexCRM.ai website, platform, CRM, lead marketplace, communications tools, AI assistant services, appointment scheduling, analytics, workflows, and related services (collectively, the "Platform").

By accessing, applying for, subscribing to, or using the Platform, you agree to these Terms, the Privacy Policy, Communications Policy, and Lead Marketplace & Agent Data Compliance Policy. If you do not agree, do not use the Platform.

1. Platform Services

ApexCRM.ai provides a private SaaS platform for independent professionals in financial services, including life insurance, final expense, mortgage protection, ACA, Medicare, annuities, retirement protection, and other 1099-based sales professions. The Platform may include CRM automation, lead management, lead marketplace access, landing pages, AI assistant services, SMS/email/voice workflows, appointment scheduling, analytics, dedicated numbers, and sales pipeline tools.

ApexCRM.ai is a technology platform provider only. ApexCRM.ai is not an insurance carrier, broker-dealer, registered investment adviser, law firm, compliance consultant, lead guarantor, consumer reporting agency, employer, agency, IMO, or fiduciary.

2. Private Access and Eligibility

ApexCRM.ai is a private, closed-enrollment platform. Access may require application, approval, proof of production, licensing information, account verification, payment approval, and acceptance of all policies. ApexCRM.ai may approve, deny, suspend, restrict, or revoke access at any time in its sole discretion.

Users must provide accurate, current, and complete information. Users are responsible for maintaining required licenses, appointments, authorizations, carrier approvals, insurance regulatory status, and business qualifications applicable to their use of the Platform.

3. User Accounts and Security

Users are responsible for maintaining the confidentiality of account credentials.

Users are responsible for all activity occurring under their account, including activity by team members, assistants, contractors, vendors, or connected integrations.

Users must promptly notify ApexCRM.ai of unauthorized access, compromised credentials, or suspected security incidents.

Users may not share access except as permitted by ApexCRM.ai in writing or through authorized account roles.

4. Subscription, Billing, and Payment

Access may require monthly subscription fees, setup fees, lead purchases, usage-based charges, messaging fees, phone fees, AI usage fees, marketplace fees, or other charges. Payments may be processed by third-party payment processors such as Stripe.

Unless otherwise stated in writing, fees are non-refundable. ApexCRM.ai may suspend, restrict, or terminate access for failed payments, chargebacks, billing disputes, excessive usage, suspected fraud, or violation of these Terms. Lead purchase refunds or credits are governed by the Lead Marketplace & Agent Data Compliance Policy.

5. User Data and Uploaded Leads

Users are solely and exclusively responsible for all leads, contacts, customer information, prospect information, personally identifiable information, call records, notes, recordings, SMS/email content, documents, lead files, CSV imports, API-synced data, manually entered data, and any other information entered, uploaded, imported, stored, processed, transmitted, or used in or through ApexCRM.ai ("User Data").

ApexCRM.ai does not originate, verify, validate, approve, audit, investigate, warrant, or certify the source, ownership, consent status, contractual status, compliance status, or legal usability of User Data uploaded or used by a User.

By uploading or using User Data, User represents, warrants, covenants, and certifies that User owns the User Data or has valid written authorization, consent, license, or lawful right to possess, upload, store, process, contact, and use the User Data in ApexCRM.ai.

6. Restricted Third-Party Data

User shall not upload, import, sync, enter, store, process, contact, or use in ApexCRM.ai any lead, customer record, prospect record, customer information, confidential information, proprietary information, company lead information, lead marketplace data, CRM-exported data, or business information owned by, sourced from, generated by, purchased through, assigned by, or controlled by any third party unless User has express written authorization to use that information in ApexCRM.ai.

Restricted third-party data includes, without limitation, data from Symmetry Financial Group, Quility, Switchboard, Quility Lead Marketplace, any IMO, insurance agency, carrier, lead vendor, CRM, dialer, marketing platform, employer, former employer, or third-party system.

ApexCRM.ai does not authorize, encourage, request, require, permit, or approve User’s upload or use of restricted third-party data. Any such upload or use is outside the scope of authorized use of ApexCRM.ai and is done solely by User at User’s own risk.

7. Communications Compliance

User is solely responsible for all communications sent, triggered, scheduled, automated, or initiated through ApexCRM.ai or any connected tool, including calls, SMS, MMS, emails, ringless voicemail, voicemail drops, AI voice calls, manual calls, automated workflows, and follow-up sequences.

User must comply with TCPA, Telemarketing Sales Rule, CAN-SPAM, Do Not Call rules, state telemarketing laws, state insurance laws, carrier rules, privacy laws, opt-out requirements, call recording laws, A2P/10DLC rules, and all applicable contracts and platform policies.

8. Acceptable Use

Do not use the Platform for unlawful, deceptive, abusive, harassing, discriminatory, fraudulent, or misleading activity.

Do not scrape, copy, export, resell, redistribute, sublicense, or misuse leads or Platform data except as expressly authorized.

Do not use the Platform to transmit spam, phishing, malware, harmful code, illegal solicitations, or deceptive marketing.

Do not reverse engineer, copy, frame, modify, exploit, or build competing products from the Platform.

Do not train external AI models using Platform data, lead data, scripts, workflows, or consumer conversations unless authorized in writing.

9. AI, Automation, and No Guaranteed Outcomes

AI, automation, scripts, templates, scoring, workflows, and appointment tools are support features only. ApexCRM.ai does not guarantee leads, appointments, contact rates, response rates, applications, carrier approvals, issued premium, commissions, income, or return on investment. User remains responsible for reviewing and controlling all sales, marketing, product, compliance, and consumer communications.

10. Intellectual Property

All software, workflows, designs, branding, content, scripts, AI prompts, infrastructure, documentation, templates, landing pages, analytics, and Platform materials are owned by ApexCRM.ai or its licensors. Users receive a limited, revocable, non-exclusive, non-transferable right to use the Platform during an active subscription and only as permitted by these Terms.

11. Third-Party Providers and Integrations

The Platform may rely on third-party providers for hosting, payment processing, telephony, SMS, email, AI, transcription, analytics, lead delivery, calendars, integrations, and support. ApexCRM.ai is not responsible for third-party outages, errors, delays, filtering, suspensions, data issues, carrier actions, vendor actions, or integration failures.

12. Suspension and Termination

ApexCRM.ai may suspend, restrict, disable, terminate, quarantine, delete, or require removal of any account, feature, phone number, campaign, workflow, integration, or User Data if ApexCRM.ai believes, in its sole discretion, that User activity may violate law, contract, privacy rules, telemarketing rules, carrier rules, vendor rules, platform rules, third-party rights, or these Terms.

13. Indemnification

User agrees to defend, indemnify, and hold harmless ApexCRM.ai, The Brenes Agency, Inc., their parent companies, subsidiaries, affiliates, owners, officers, directors, managers, members, employees, contractors, vendors, licensors, lead providers, telecommunications providers, AI providers, technology providers, successors, and assigns ("Apex Indemnified Parties") from and against all claims, demands, lawsuits, arbitrations, investigations, regulatory inquiries, subpoenas, complaints, damages, losses, liabilities, fines, penalties, settlements, judgments, costs, and expenses, including reasonable attorneys’ fees and investigation costs, arising out of or relating to User Data, User communications, unauthorized or restricted data, User’s violation of law or contract, User’s breach of these Terms or policies, User’s negligence or misconduct, or any claim by a consumer, regulator, carrier, IMO, agency, vendor, employer, former employer, lead provider, CRM provider, telecommunications provider, or third party arising from User’s conduct or use of the Platform.

User’s duty to defend begins immediately upon written notice. ApexCRM.ai may control the defense and settlement of any matter involving an Apex Indemnified Party. User may not settle any claim in a manner that imposes liability, admission, restriction, obligation, payment, or operational burden on ApexCRM.ai without prior written consent.

14. Limitation of Liability

To the maximum extent permitted by law, ApexCRM.ai shall not be liable for indirect, incidental, special, consequential, exemplary, punitive, enhanced, lost-profit, lost-commission, data-loss, business-interruption, lead-performance, carrier-action, vendor-action, regulatory, or reputational damages.

To the maximum extent permitted by law, ApexCRM.ai’s total aggregate liability for all claims shall not exceed the amounts paid by User to ApexCRM.ai during the three months immediately preceding the event giving rise to the claim.

15. Dispute Resolution

Disputes shall be resolved through binding individual arbitration in Los Angeles County, California, unless otherwise required by law. Users waive jury trial rights and class action participation. Claims must be filed within one year after the claim arises, unless prohibited by applicable law.

16. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

17. Changes to Terms

ApexCRM.ai may update these Terms by posting an updated version on the website or inside the Platform. Continued use after the effective date constitutes acceptance of the updated Terms.

18. Contact

ApexCRM.ai
Los Angeles, California / San Francisco, California
[email protected]

This Privacy Policy explains how ApexCRM.ai collects, uses, discloses, stores, and protects information through the ApexCRM.ai website, platform, CRM, lead marketplace, communication tools, AI assistant services, appointment scheduling tools, analytics, and related services.

1. Information We Collect

Account Information. Name, email address, phone number, company name, license state, login credentials, account settings, user role, and profile information.

Application and Eligibility Information. Production history, monthly issued volume, vertical selection, licensing information, carrier information, lead-source information, and supporting proof submitted during application.

Production Proof. Carrier statements, commission statements, bank statements, screenshots, PDFs, images, or other documents submitted to verify eligibility. Users should redact account numbers, unrelated transactions, Social Security numbers, tax identification numbers, medical information, and other unnecessary sensitive information before uploading.

Billing Information. Payment method details, billing address, subscription status, invoices, receipts, payment history, and related billing records. Payment processing may be handled by third-party processors such as Stripe.

User-Uploaded Lead and Contact Data. Leads, contact records, customer information, prospect information, phone numbers, email addresses, addresses, lead-source information, CRM notes, appointment records, call notes, recordings, transcripts, SMS/email conversations, voicemail activity, workflow activity, policy-related notes, and other data entered, uploaded, imported, synced, stored, or processed by users.

Communication Data. Calls, SMS, MMS, email, voicemail, ringless voicemail, AI voice interactions, call recordings, transcripts, appointment confirmations, opt-out records, unsubscribe records, and related metadata.

Usage and Device Data. IP address, device type, browser type, operating system, login activity, page views, clicked links, platform events, import logs, communication logs, workflow activity, audit logs, error logs, and other technical data related to use of the website and platform.

Marketplace and Vendor Data. Information related to lead purchases, lead delivery, vendor source, lead category, lead status, pricing, routing, scoring, exclusivity, and related marketplace activity.

2. How We Use Information

We use information to operate, maintain, secure, and improve ApexCRM.ai; review and approve applications for access; verify eligibility, production history, and account status; create and manage user accounts; provide CRM, lead management, automation, communication, AI assistant, appointment scheduling, analytics, and workflow services; process billing, subscriptions, payments, invoices, and usage-based charges; deliver, route, score, and track leads through marketplace or vendor integrations; support SMS, email, phone, voicemail, AI voice, and related communication tools; detect fraud, abuse, unauthorized use, restricted data, suspicious activity, and security incidents; enforce our Terms, Communications Policy, and Lead Marketplace & Agent Data Compliance Policy; comply with legal, regulatory, carrier, vendor, tax, accounting, and reporting obligations; and maintain audit logs, compliance records, consent records, import certifications, and security records.

3. Role of ApexCRM.ai for User-Uploaded Data

For lead, customer, prospect, and contact data uploaded by platform users, ApexCRM.ai processes such data on behalf of the applicable user and does not independently determine the lawful source, consent status, ownership status, contractual restrictions, or permitted use of such data.

Users are solely responsible for obtaining and maintaining all rights, consents, notices, permissions, opt-ins, authorizations, and legal bases required to upload, store, contact, and process such data through ApexCRM.ai.

4. Communications and Messaging Data

ApexCRM.ai provides technology tools that may support calls, SMS, MMS, email, voicemail, ringless voicemail, AI voice, automated workflows, and appointment scheduling. Users, not ApexCRM.ai, are responsible for determining whether they have proper consent to contact any lead, consumer, customer, or prospect through each communication channel used.

5. How We Share Information

Service providers: hosting, cloud infrastructure, payment processors, messaging providers, telephony providers, email providers, AI processing providers, analytics providers, CRM infrastructure, security tools, and customer support tools.

Lead marketplace and vendor partners: lead providers, verification partners, routing providers, and marketplace technology providers as needed to deliver, verify, score, route, purchase, or manage leads requested by users.

User-directed integrations: third-party platforms, CRMs, calendars, ad platforms, communication tools, or other integrations connected or authorized by the user.

Legal, compliance, and safety purposes: courts, regulators, law enforcement, attorneys, auditors, carriers, vendors, or other parties when reasonably necessary to comply with law, enforce our terms, protect rights, investigate abuse, prevent fraud, or address security incidents.

Business transfers: in connection with a merger, acquisition, financing, reorganization, sale of assets, bankruptcy, change of control, or similar transaction.

ApexCRM.ai does not sell user-uploaded lead, contact, customer, or prospect data. ApexCRM.ai does not use user-uploaded lead data to market competing services to the user’s leads, sell the data to third parties, or provide the data to other agents, except as necessary to operate the Platform, comply with law, prevent fraud or abuse, respond to legal requests, enforce our terms, or as directed by the user.

6. Third-Party Providers and Integrations

Information processed through third-party integrations may also be subject to the privacy policies, terms, and compliance requirements of those third parties. Users are responsible for reviewing and complying with the terms of any third-party services they connect to or use through ApexCRM.ai.

7. Data Security

ApexCRM.ai uses commercially reasonable administrative, technical, and organizational safeguards designed to protect information, including encrypted connections, access controls, secure cloud infrastructure, monitoring, and audit logs. No system, transmission, or storage method can be guaranteed to be completely secure.

8. Data Retention

We retain information for as long as reasonably necessary to provide the Platform, maintain accounts, operate services, comply with legal and regulatory obligations, resolve disputes, enforce agreements, prevent fraud or abuse, maintain security, support audit logs, and preserve compliance records. We may retain certain records after account termination, including billing records, legal records, compliance logs, consent records, import certification records, communication logs, security logs, and records reasonably necessary to defend or pursue legal claims.

9. User Choices and Controls

Users may access and update certain account information through platform settings. Users may request deletion of certain account data by contacting [email protected]. Some information may be retained where necessary for legal, compliance, accounting, security, dispute-resolution, fraud-prevention, or legitimate business purposes. Recipients may opt out of SMS or email communications using the opt-out or unsubscribe methods provided in those communications, where applicable.

10. California Privacy Rights

California residents may have rights under California privacy laws, including the right to request access to personal information, deletion of personal information, correction of inaccurate personal information, information about categories of personal information collected and disclosed, and the right to opt out of certain sales or sharing of personal information. To submit a California privacy request, contact [email protected] with the subject line “California Privacy Request.” We may need to verify your identity before processing a request.

11. Notice Regarding Sensitive Information

Do not upload unnecessary sensitive information to ApexCRM.ai. When submitting production proof, users should redact account numbers, unrelated transactions, Social Security numbers, tax identification numbers, medical information, and other unnecessary sensitive personal information. Users are responsible for ensuring that any information they upload is lawful, necessary, properly authorized, and compliant.

12. Children’s Privacy

ApexCRM.ai is intended for business users and is not directed to children under 13. We do not knowingly collect personal information from children under 13.

13. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. Updates will be posted on the ApexCRM.ai website or within the Platform. Continued use after changes become effective means you accept the updated Privacy Policy.

14. Contact

ApexCRM.ai
Los Angeles, California / San Francisco, California
[email protected]

ApexCRM.ai facilitates SMS messaging, voice, and email through integrated telecommunications providers. Communication data including phone numbers, message content, and delivery status may be processed as part of platform services.

ApexCRM.ai does not originate marketing messages and does not control recipients, content, or purpose of communications sent by users.

User Compliance

Users must comply with TCPA, CAN-SPAM, and all applicable consumer communication laws. Users must obtain consumer consent before initiating communications, honor opt-out requests promptly, maintain suppression lists, and never send unsolicited bulk messages.

Platform Enforcement

Accounts may be suspended immediately upon detection of spam complaints, carrier violations, excessive opt-outs, or messaging abuse. ApexCRM.ai may restrict messaging services to protect platform infrastructure.

A2P Registration

Messaging services may require A2P 10DLC carrier registration. Users are responsible for maintaining compliant registration status.

Contact

ApexCRM.ai · Los Angeles, CA & San Francisco, CA · [email protected]

ApexCRM.ai may provide access to consumer leads through its platform marketplace. Leads may originate from digital advertising, direct mail, web inquiries, social media, search advertising, video advertising, affiliate networks, and third-party partners. ApexCRM.ai operates solely as a technology platform facilitating access to lead sources.

No Guarantee of Performance

ApexCRM.ai does not guarantee lead accuracy, consumer intent, contactability, appointments, policy sales, or conversions. Leads represent consumer inquiries, not confirmed buyers.

No Representation of Lead Quality

Lead data is collected from consumer marketing interactions and may contain outdated or incomplete information. Users assume full responsibility for verifying consumer information.

Lead Refund Policy

Lead purchases are generally non-refundable. Credits may be considered for duplicate leads, invalid data, or technical errors. Requests must be submitted within the specified timeframe. Failure to follow up does not qualify for refunds.

User Compliance

Users must comply with TCPA, CAN-SPAM, Do Not Call registries, insurance marketing regulations, and carrier policies when contacting leads.

Marketplace Changes

ApexCRM.ai reserves the right to modify lead sources, pricing, or marketplace offerings at any time without notice.

Contact

ApexCRM.ai · Los Angeles, CA & San Francisco, CA · [email protected]