Terms of Use

These Terms of Use (the “Terms”) are an agreement between you and ApexMake, Inc., together with its affiliates (“ApexMake,” “we,” or “us”). They govern your access to and use of apexmake.com (the “Site”) and the services we make available through it.

Our services center on connecting investment professionals with vetted operator knowledge. They include interviews and calls between our customers (or our licensors’ customers) and individuals with first-hand expertise in particular companies, industries, or subjects (“Experts” and, such interviews, “Calls”), together with the transcripts, AI-generated answers, expert agents, citations, reports, overviews, insights, and other materials we derive from Calls and other sources, and the tools for searching and querying them (collectively, the “Services”). Some Services are purchased under a separate order form we issue (an “Order Form”).

By using the Site or Services, or by clicking to accept these Terms, you confirm that you have read and agree to them and to our Privacy Notice, which is incorporated into these Terms by reference. This applies whether or not you register an account. If you are an organization whose employees or agents will use the Site or Services on your behalf (“Authorized Users”), or if you give anyone else access in connection with your use, you agree that such Authorized Users and third parties will be informed of these Terms and will not use the Site or Services unless they agree to be bound by them. If you do not agree to these Terms or the Privacy Notice, do not use the Site.

We reserve the right, at our sole discretion, to revise these Terms. Immaterial revisions take effect as soon as they are posted on the Site. If we consider a revision material, it becomes binding on an existing user who continues using the Site on the earlier of (a) the user’s affirmative acceptance, or (b) thirty (30) days after we give notice, whether by email to the address on file, by a banner or message on the Site, or by other conspicuous means. If you accept revised Terms, they apply immediately. If you do not accept them, your only remedy is to stop using the Site and Services and cancel any account. The current version of these Terms will always be posted on the Site, and you should review it before each use of the Site.

The Site is intended solely for individuals who are at least eighteen (18) years of age and who are (a) professional investors, corporations, or consultancies with extensive knowledge of markets, investment risk, and the limitations of a resource such as the Site, (b) compliance or legal professionals employed or engaged by such organizations, or (c) individuals or entities otherwise knowledgeable about markets, investment risk, and the limitations of the Site. By accessing or using the Site you represent and warrant that you satisfy these eligibility requirements. If you do not, you must not access or use the Site. Access is void where prohibited.

If you register for the Services, you agree to (a) provide accurate, current, and complete registration information when asked, (b) promptly update that information so it remains accurate, current, and complete, (c) maintain the security of your login credentials and not share them, and (d) remain fully responsible for all activity under your account. Registration information is handled as described in our Privacy Notice, and you consent to the actions we take with it consistent with that notice. You should exercise particular caution when accessing your account from a public or shared computer.

We may, with notice to you and without limiting our other remedies, restrict, suspend, or terminate your access and cancel your credentials if we determine in good faith that you have violated these Terms or that your account is being used for illegal or improper activity. We may also restrict access to parts or all of the Site at any time for security, maintenance, or infection-response reasons, and we are not liable if the Site is unavailable at any time or for any period.

Everything on the Site, including transcripts and related materials, answers, citations, reports, overviews, insights, profiles, text, design, and the way it is all selected and arranged (together, “Content”), is the proprietary information of ApexMake or, where licensed from third parties, of our licensors, and all rights in it are reserved.

Subject to these Terms, we grant you a limited license to access the Site and the Content you have properly gained access to, and to download or print copies of that Content, solely for your own internal working purposes and provided you keep all copyright and proprietary notices intact. The sole exception is the questions you pose to Experts or to the Services (“Questions”), which you may publish and reproduce without our prior written permission. The responses to your Questions, however, remain the proprietary Content of ApexMake, with all rights reserved.

Except for Questions, or as allowed by these Terms, an Order Form, or another written agreement with us, you may not copy, modify, distribute, frame, republish, display, post, transmit, or sell any Content, in whole or in part; upload Content to any internet, intranet, or extranet site; or incorporate Content into any other database or compilation. You further shall not (a) use the Services or Content to develop a competing product or service or for benchmarking, (b) use the Services or Content with any other platform, software, or tool (including any third-party artificial-intelligence or machine-learning tool, large language model, or API), or (c) use data mining, robots, scrapers, or similar automated collection or extraction methods on the Site. No license is granted to any underlying technology or intellectual property we use to deliver the Services.

Your use of the Services is also subject to any limits stated in these Terms or an Order Form, such as limits on the number and type of users, the Subscription Term, and printing or downloading. We may (but are not obligated to) review Content and remove any of it, without notice, at our sole discretion, for any reason or no reason.

Any use of the Site or Content beyond what this section allows is strictly prohibited, automatically terminates the license granted here, and may violate securities, copyright, trademark, or other laws. No other intellectual- property license is granted by implication, estoppel, or otherwise. If you breach these Terms, we will give you written notice and thirty (30) days to cure; if the breach is not cured within that period, we may revoke your license. To request any use of Content beyond this section, write to compliance@apexmake.com.

“ApexMake,” our logo, and our related names, product names, designs, and slogans are our trademarks; do not use them without our prior written permission. Other names, logos, and marks appearing on the Site belong to their respective owners.

We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, and we do not permit infringing material on the Site. If you believe Content infringes a copyright or other intellectual-property right you own or are charged with enforcing, email the details to legal@apexmake.com. Where appropriate, we may terminate the accounts of repeat or suspected infringers, and we do not interfere with standard technical measures copyright owners use to protect their works.

You represent and agree that nothing you submit or share on or through the Services, whether on Calls or otherwise, will infringe anyone’s copyright, trademark, privacy, publicity, or other rights, or be otherwise unlawful. In particular, you agree not to share information in violation of your employer’s policies, any agreement binding on you (confidentiality agreements included), insider-trading rules, SEC regulations, or any other applicable law. You further agree not to knowingly trade on material non-public information that may have surfaced on a Call or through the Services in violation of those laws.

APEXMAKE TAKES MEASURES DESIGNED TO PREVENT, DETECT, AND ADDRESS VIOLATIONS OF U.S. SECURITIES LAWS AND THE SHARING OF MATERIAL NON-PUBLIC INFORMATION IN CONNECTION WITH THE SERVICES. WE CANNOT GUARANTEE, HOWEVER, THAT YOU WILL NEVER ENCOUNTER MATERIAL NON-PUBLIC INFORMATION, AND YOU ALONE ARE RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LAWS, INCLUDING U.S. SECURITIES LAWS, WHEN USING ANYTHING YOU LEARN THROUGH THE SERVICES. “MATERIAL NON-PUBLIC INFORMATION” HERE CARRIES THE MEANING GIVEN UNDER U.S. SECURITIES LAWS, INCLUDING THE SECURITIES EXCHANGE ACT OF 1934.

In addition, when using the Site or Services you will not:

• act in any unlawful manner, including by touting or hyping an investment or otherwise engaging in market manipulation;
• in connection with buying or selling any security, employ a scheme to defraud, make untrue statements of material fact (or omissions that make statements misleading), or engage in any practice that operates as a fraud or deceit;
• do anything that could damage, disable, overburden, or impair the Site;
• post or share material that is harmful, threatening, unlawful, defamatory, infringing, abusive, harassing, obscene, fraudulent, hateful, invasive of privacy or publicity rights, or otherwise objectionable;
• impersonate anyone or misrepresent who you are;
• join a Call for any purpose other than asking Questions in connection with the Services;
• distribute unsolicited commercial material or advertising unrelated to the Services;
• infringe anyone’s proprietary, publicity, or privacy rights;
• distribute obscene or “adult” material, or any material harmful to minors;
• spread viruses, Trojan horses, or other code designed to damage, intercept, or expropriate systems, data, or personal information;
• link to or describe goods or services these Terms prohibit, or that you have no right to link to; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

You are solely responsible for everything you provide to us or share on or through the Site, including your contributions to Calls, information submitted through the Services, voluntary feedback, profile details, and the like (together, “Your Material”). We are not responsible, and will not be held liable, for the accuracy of Your Material or for validating its availability or use. If you take part in a recorded Call, you grant us all rights necessary to transcribe it, and the transcript of your portion is also Your Material. You authorize us to make the copies and backups we need to post and store Content.

By providing Your Material you grant us, and you represent and warrant that you have the right to grant, an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide license (sublicensable through multiple tiers) to use, copy, perform, display, reformat, translate, excerpt, and distribute it for any purpose, commercial or otherwise, on or in connection with the Site or its promotion, and to create derivative works from it or incorporate it into other works, all without compensation to you. Our policy is not to identify users in Content. You represent and warrant that Your Material does and will comply with these Terms, that our exercise of this license will not cause us to infringe any person’s intellectual-property rights, and that Your Material is free of viruses and of infringing, libelous, or slanderous material.

We may (but are not obliged to) review and remove any content, for any reason or none, including material we consider unlawful, offensive, or in violation of these Terms. If required by a valid court order or otherwise required by law, we may disclose your identity or other information about you, including to a third party who claims your material violates their rights; where legally permitted, we will notify you when we have done so. We may pursue legal action, including referral to law enforcement or regulators, for illegal or unauthorized use of the Site, and we may cooperate fully with law-enforcement authorities and court orders. YOU WAIVE ANY CLAIMS AGAINST APEXMAKE ARISING FROM ACTIONS WE TAKE IN GOOD FAITH DURING, OR AS A RESULT OF, INVESTIGATIONS BY US OR BY LAW ENFORCEMENT.

You will (a) comply with these Terms, and ensure compliance by all of your and your affiliates’ employees and agents who use the Site or Services on your behalf; (b) ensure that any information you provide on Calls was not obtained or given to us in violation of any applicable law, policy, contractual restriction, or third-party right, and does not infringe or misappropriate any party’s intellectual property or other rights; (c) use commercially reasonable efforts to prevent unauthorized use of your credentials and notify us promptly of any unauthorized access or other security breach (we will use reasonable efforts to notify you if we become aware of one); and (d) use the Services only in accordance with these Terms and applicable laws and regulations.

Subscriptions. Unless an Order Form says otherwise, all Services are sold as subscriptions for the term stated in the Order Form (the “Subscription Term”). Subscriptions can be added or upgraded mid-term (prorated for the remainder of the term, and ending on the same date as the underlying subscription), but they cannot be cancelled or downgraded mid-term, and no refunds are given for partial or unused subscriptions. Unless an Order Form says otherwise, subscriptions renew automatically for periods equal to the expiring term or one (1) year, whichever is shorter, unless either party gives notice of non-renewal at least thirty (30) days before the current term ends.

Usage limits. The Services are subject to the usage limits in these Terms and your Order Form. Unless stated otherwise, quantities refer to Authorized Users; the Services may not be accessed by more than that number of people; passwords may not be shared; and, on written request (email sufficient), an Authorized User who no longer needs access may be archived and replaced. If we determine, in our sole discretion, that you are exceeding your usage rights, we will notify you and you will have thirty (30) days from that notice to bring your usage within them, and we may assist you in doing so. If you are unable or unwilling to comply, we will invoice the excess at the Order Form rate and you agree to pay those additional fees without any right of set-off or deduction.

Fees. You will pay the fees stated in each Order Form. Unless stated otherwise there or here, fees are based on what you purchased rather than actual usage, payment obligations are non-cancelable, fees paid are non-refundable, and purchased quantities cannot be reduced during the Subscription Term.

Invoicing and payment. For executed Order Forms you will provide valid, current credit-card details, a valid purchase order, or arrangements for electronic funds transfer; online orders accept credit cards only. Where permitted, you authorize us to store card details and charge them for the Services in your Order Form or online order, for the initial term and renewals, in advance, annually or at whatever frequency the Order Form states. If payment is by another method, we will invoice you in advance per the Order Form, and invoices are due within thirty (30) days of the invoice date unless the Order Form says otherwise. You are responsible for providing complete and accurate billing and contact information and for notifying us of any changes to it.

Late amounts. If an invoiced amount is not received by its due date, we may, without limiting our other remedies, (a) charge late interest of 1.5% of the outstanding balance per month (or the legal maximum, if lower) and/or (b) condition future renewals and Order Forms on shorter payment terms, including up-front payment. If any amount you owe under this or any other agreement with us is thirty (30) or more days overdue (or seven (7) or more days overdue for authorized card charges), we may accelerate all your unpaid fee obligations so they become immediately due, and suspend the Services until you have paid in full. We will give you at least seven (7) days’ notice (email sufficient) that your account is overdue before any suspension, and suspension takes effect only if payment is not received within that period.

Taxes. Our fees exclude all taxes, levies, and duties, such as sales, use, VAT, withholding, and the like (“Taxes”). You are responsible for all Taxes tied to your purchase and use of the Services (not, for clarity, taxes on our income). If we are legally required to collect Taxes you owe, we will invoice you and you will pay them unless you give us a valid exemption certificate. We are responsible for taxes on our own income, property, and employees; unless an Order Form says otherwise, you cover any bank or vendor fees on your payments, including outgoing wire fees.

Termination and refunds. Either party may terminate a subscription (a) on thirty (30) days’ written notice of a material breach that remains uncured at the end of that period, or (b) if the other party becomes subject to a bankruptcy, insolvency, receivership, liquidation, or similar proceeding that is not dismissed within one hundred twenty (120) days. On termination you must cease using, and expunge, all Content from your systems, except files you must keep for statutory audit, regulatory, or other legal requirements. If you terminate under this section, we will refund prepaid fees covering the post-termination remainder of the term (unless an Order Form says otherwise, fees for platform-content access are due and payable on the start date, are not considered prepaid fees, and are non-refundable). If we terminate under this section, you will pay any unpaid fees for the remainder of the term of all Order Forms. In no event does termination relieve you of fees owed for the period before it takes effect.

No reliance on future features. You agree that you are entering into these Terms, including your payment obligations, based on the Services’ current offerings, content, functionality, and features, and not on the delivery of any future functionality or features, and not on any oral or written comments we may make about future functionality or features.

Your Material, as described above, is not treated as confidential and may be used by us in ways that let others see it. By contrast, registration data and other confidential information you give us in connection with the Services will be kept confidential by us. In arranging and running Calls, ApexMake and Experts may learn confidential information of yours, including research topics, which Experts you asked for, business or marketing strategy, and similar non-public information. At your request we will remove your confidential information from a Call transcript and return all materials, in any medium, that contain or reference it.

Laws governing the recording of phone calls and other communications vary by jurisdiction. You hereby consent to the recording of Calls, including the recording of your employees, where applicable. To protect your rights, a recording notification plays at the start of each Call; by remaining on the Call after the notification, you acknowledge it and consent to the recording. You acknowledge that we may add transcripts of your Calls, and content derived from them, to our repository for other clients to view, with your name and your employees’ names removed.

After we introduce you to an Expert, you will not knowingly solicit or propose any business relationship with that Expert without our express written consent, unless you have documented evidence of a business relationship that predates the introduction. You remain free to engage an Expert through another expert network if that network presents them to you.

The Site and Services may link to third-party websites or resources. We are not responsible or liable for their availability, accuracy, content, products, or services, and a link does not imply our endorsement of them. You assume sole responsibility for, and all risk arising from, your use of any such website or resource.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR AN ORDER FORM, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MUST EVALUATE THE SERVICES YOURSELF AND YOU BEAR ALL RISK OF USING THEM, INCLUDING ANY RELIANCE ON THEIR ACCURACY, COMPLETENESS, OR USEFULNESS. TO THE FULLEST EXTENT THE LAW ALLOWS, WE ARE NOT LIABLE FOR HARM CAUSED BY DENIAL-OF-SERVICE ATTACKS, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY AFFECT YOUR EQUIPMENT, PROGRAMS, DATA, OR OTHER PROPERTY BECAUSE OF YOUR USE OF THE SITE OR SERVICES OR ANYTHING DOWNLOADED FROM THEM OR FROM LINKED SITES. APEXMAKE AND ITS LICENSORS DISCLAIM ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

APEXMAKE WILL NOT BE LIABLE FOR LOST PROFITS OR FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF USE, LOSS OF DATA OR OTHER INTANGIBLES, OR LOSS OR INTERCEPTION OF INFORMATION YOU PROVIDED IN CONNECTION WITH THE SERVICES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WE ARE LIKEWISE NOT LIABLE FOR DAMAGES OF ANY KIND ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THEM. OUR MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, IS THE TOTAL AMOUNT, IF ANY, YOU PAID US TO ACCESS AND USE THE SERVICES. ANY CLAIM RELATED TO THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER IT ACCRUES OR IT IS PERMANENTLY BARRED.

Although we strive to maintain the integrity and security of the Services, we do not guarantee that they will be or remain secure, complete, or correct, or that access to them will be uninterrupted, and third parties may make unauthorized alterations to them. If you become aware of any unauthorized third-party alteration, contact support@apexmake.com with a description and the URL or location where it appears.

Using the Site or Services creates no attorney–client or other professional–client relationship (CPA, RIA, or otherwise) between you and ApexMake or any user or Expert. CONTENT MAY TOUCH ON LEGAL, INVESTMENT, ACCOUNTING, OR OTHER PROFESSIONAL TOPICS, BUT IT IS NOT LEGAL, INVESTMENT, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. DO NOT ACT, OR REFRAIN FROM ACTING, ON ANYTHING IN THE SERVICES WITHOUT ADVICE FROM COUNSEL IN THE RELEVANT JURISDICTION OR ANOTHER QUALIFIED PROFESSIONAL IN THE RELEVANT FIELD. APEXMAKE DISCLAIMS ALL LIABILITY FOR ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENT. IF YOU NEED LEGAL OR OTHER EXPERT HELP, RETAIN A QUALIFIED PROFESSIONAL.

The Services speak only as of their publication dates. We do not knowingly publish incomplete, inaccurate, or outdated information, but Content may nonetheless be incomplete, inaccurate, or out of date, and we are under no obligation to update it. Accordingly, we make no representation as to the completeness, accuracy, or correctness of anything in the Services, including descriptions, images, references, features, specifications, products, and prices, all of which are subject to change at any time without notice. References to third-party products or services do not imply our endorsement of them. You are solely responsible for ascertaining and complying with all applicable local, state, federal, and international laws regarding anything you acquire or use in connection with the Services. We disclaim all liability and responsibility arising from reliance on Service information by you or by anyone else, and we may update, revise, or remove Content at any time at our discretion.

You will defend, indemnify, and hold ApexMake harmless from all claims, losses, damages, and liabilities, including legal fees and expenses, arising from your use or misuse of the Services, your violation of these Terms, or your breach of any representation, warranty, or covenant you make here. We may, at your expense, take over the exclusive defense and control of any matter you must indemnify us for, and you agree to cooperate with our defense. We will make reasonable efforts to notify you when we become aware of such a claim. This section survives termination of these Terms.

We control and operate the Services from the United States, and nothing about them is intended to subject ApexMake to the laws or jurisdiction of any other state, country, or territory. We make no representation or warranty that the Services, or any part of them, are appropriate or available for use anywhere outside the United States. If you access them from elsewhere, you do so on your own initiative and at your own risk, and you are responsible for complying with all applicable local laws, rules, and regulations. We may limit the availability of the Services, in whole or in part, to any person, region, or jurisdiction at any time.

These Terms are governed by the laws of the State of Delaware, U.S.A., without regard to conflict-of-laws rules and regardless of where you are located. EXCEPT FOR CLAIMS ABOUT THE PROTECTION OF INTELLECTUAL PROPERTY, EVERY DISPUTE ARISING FROM OR RELATING TO THESE TERMS OR ANY ASPECT OF OUR RELATIONSHIP, WHETHER SOUNDING IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER THEORY, WILL BE RESOLVED BY FINAL, BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR RATHER THAN IN COURT BEFORE A JUDGE OR JURY. BY USING THE SERVICES, YOU AND APEXMAKE EACH WAIVE THE RIGHT TO A JURY TRIAL, AND YOU AGREE THAT ARBITRATION WILL PROCEED ONLY ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU GIVE UP THE ABILITY TO PARTICIPATE IN ONE.

Arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as modified by these Terms. Any in-person hearing will be held in the State of Delaware, U.S.A., and proceedings will be conducted so as to preserve confidentiality. The arbitrator’s decision must follow these Terms and is final and binding. The arbitrator may award temporary, interim, or permanent injunctive relief, or specific performance, but only as needed to remedy the individual claim at hand. Any award may be confirmed and enforced by a court of competent jurisdiction.

ANY DISPUTE-RESOLUTION PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, NOT AS A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL ACTION, AND NOT AS A NAMED OR UNNAMED CLASS MEMBER, UNLESS BOTH YOU AND APEXMAKE AGREE OTHERWISE IN WRITING AFTER THE ARBITRATION HAS BEGUN.

IF YOU DO NOT WANT TO BE BOUND BY THIS CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING OR BY EMAIL WITHIN NINETY (90) DAYS OF FIRST ACCEPTING THESE TERMS, INCLUDING (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR USERNAME, AND (4) A CLEAR STATEMENT THAT YOU DO NOT AGREE TO THE CLASS ACTION WAIVER.

If any part of these Terms is found unlawful, invalid, or unenforceable, the rest remains in full effect. Our relationship to you, if any, is that of an independent contractor; nothing here creates a partnership, joint venture, employment, or agency relationship between us or our affiliates. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so is void. A waiver of one breach is not a waiver of any other. No professional– client relationship is formed on the Site.

Except as expressly stated in an Order Form, an Expert agreement, or another written agreement, these Terms are the entire agreement between you and ApexMake on their subject matter and supersede all prior and contemporaneous agreements and communications, oral or written. If these Terms conflict with a separate acknowledgment or undertaking you have given us in connection with a Call or the Services, these Terms control, unless that document expressly states that it controls. Amendments to these Terms take effect as described in Section 2.

The Site is operated by ApexMake, Inc. Send copyright- infringement notices to legal@apexmake.com; send all other feedback, questions, and support requests to support@apexmake.com.