Draft Terms. These Terms of Service are a scaffold pending counsel review. Do not rely on them for legal decisions. Email larry@apexseflooring.com for questions.

Terms of Service — Trade Assist Pro

Last updated: 2026-05-11 Status: DRAFT — pending counsel review. Operator: replace placeholders marked <<...>> and remove this banner before going live.

1. Agreement

These Terms of Service ("Terms") form a binding agreement between you ("Customer", "you") and Apex SE Flooring LLC ("we", "us", "the Company") governing your use of Trade Assist Pro ("the Service"). By signing up, accessing, or using the Service, you accept these Terms.

If you are accepting on behalf of a business entity, you represent that you have authority to bind that entity, and "you" refers to that entity throughout.

2. The Service

The Service is a productivity platform for trade contractors, providing AI-assisted scope generation, document analysis, legal information retrieval, sign-photo OCR, contractor-form fill, customer/job/estimate management, QuickBooks sync, and outreach email sending.

The Service is delivered as Software-as-a-Service (SaaS). You access it via web browser or native mobile/desktop application. We may update, enhance, or modify the Service at any time without notice.

3. Eligibility

You must be at least 18 years old and have legal capacity to enter contracts. The Service is not directed to consumers; it is intended for businesses (sole proprietors, LLCs, corporations) engaged in licensed trades. By accepting these Terms you affirm you are using the Service for a bona fide business purpose.

4. Account responsibility

You are responsible for:

  • The accuracy of information you provide at signup and thereafter.
  • All activity on your account, including activity by team members you invite.
  • Maintaining the confidentiality of your password and any API keys you generate.
  • Promptly notifying us at apexsatx@gmail.com of any suspected unauthorized access.

You may not share login credentials. You may not let third parties use your account.

5. Acceptable use

You will not, and will not permit anyone using your account to:

  • Use the Service to send spam, conduct unauthorized commercial outreach, or otherwise violate CAN-SPAM, GDPR, TCPA, or any applicable communications law.
  • Use the Sign Capture or Outreach features to target individuals or businesses outside the scope of legitimate trade-contractor business development.
  • Attempt to gain unauthorized access to the Service, our infrastructure, or other customers' data.
  • Reverse-engineer, decompile, or extract source code from the Service.
  • Resell or sublicense the Service without our written agreement.
  • Use AI-assisted features to generate content that infringes third-party rights, defames, or harasses.
  • Submit content that is illegal, obscene, threatening, or violates a third party's rights.
  • Use the legal-information features as a substitute for advice from a licensed attorney.

We may suspend or terminate your account for violations.

6. AI features and content

Several Service features (scope generation, document scan, legal Q&A, sign capture, form fill) use third-party AI models (Anthropic Claude, Google Gemini) under sub-processor agreements.

  • Output is informational. AI-generated text may contain errors, omissions, or hallucinations. You are solely responsible for reviewing, editing, and verifying AI output before sending it to customers, regulators, or counterparties.
  • Legal Q&A is NOT legal advice. The legal-information feature returns general statutory information for Texas construction contractors. It is informational, not advice. Consult a licensed Texas attorney for any situation requiring legal counsel.
  • You retain ownership of content you upload (photos, contracts, customer data, etc.) and of finished work-product you generate using the Service.
  • License to us: you grant us a non-exclusive, royalty-free license to use your content as needed to deliver the Service to you, to detect abuse, and to comply with legal process.

7. Pricing and payment

  • The Service is sold on a pay-as-you-go credit basis. Credit packs are purchased at the prices listed on the credits page (subject to change with notice).
  • Payment is processed by Stripe. By providing a payment method, you authorize Stripe to charge for credit purchases.
  • Credits do not expire unless your account is closed.
  • We may change pricing at any time. Pricing changes apply to future credit purchases, not previously-purchased balances.

8. Refunds

See our separate Refund Policy at /legal/refunds. Briefly: credit purchases are generally final, with limited exceptions for billing errors, duplicate charges, and service failures attributable to us.

9. Termination

  • You may close your account at any time via Settings or by emailing jes@apexseflooring.com. Closure deletes your account data per our Privacy Policy retention schedule.
  • We may terminate or suspend your account for violation of these Terms, for non-payment, or for legal reasons. We will give reasonable notice except where immediate termination is necessary (security incident, legal compliance, etc.).
  • Upon termination: pre-paid credit balances are non-refundable except as required by law or per the Refund Policy. Your account data is purged per the Privacy Policy retention schedule.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI OUTPUT WILL BE ACCURATE OR FIT FOR YOUR PARTICULAR USE.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Our total aggregate liability for any claim arising from your use of the Service is limited to the amounts you paid us in the 12 months preceding the event giving rise to the claim, OR $100, whichever is greater.
  • We are not liable for indirect, incidental, consequential, special, or punitive damages, even if we have been advised of the possibility of such damages.
  • We are not liable for damages arising from your reliance on AI-generated output without independent verification.

These limits apply regardless of the theory of liability (contract, tort, negligence, statute) and survive termination.

12. Indemnification

You agree to indemnify and hold us harmless from any third-party claim arising from (a) your content, (b) your use of the Service in violation of these Terms or applicable law, or (c) your business activities conducted via the Service (including outreach emails sent through the Service).

13. Changes to the Terms

We may update these Terms from time to time. Material changes will be announced via email to account holders and via banner on the Service at least 30 days before taking effect. Continued use after the effective date constitutes acceptance.

14. Governing law and disputes

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

Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted in Bexar County, Texas, or by individual lawsuit (no class actions) in the state or federal courts of Bexar County, Texas.

YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

15. Miscellaneous

  • Entire agreement: these Terms (with the Privacy Policy and Refund Policy) are the entire agreement between you and us regarding the Service.
  • Severability: if any provision is held unenforceable, the remainder remains in effect.
  • No waiver: our failure to enforce a provision is not a waiver of the right to enforce it later.
  • Assignment: you may not assign these Terms; we may assign them to an affiliate or successor.
  • Contact: legal questions to larry@apexseflooring.com; technical to jes@apexseflooring.com; physical address per §1 of the Privacy Policy.

END OF TERMS

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