1. Who these terms are between
These terms are between Apex Digital Media LLC, a Florida limited liability company at 55 Weston Rd Suite 205, Weston, FL 33326 ("Apex", "we", "us"), and the licensed insurance agency or agent organization whose account this is ("you", "your organization"), together with each individual your organization authorises to use the portal.
By signing in to app.apexdm.co you accept these terms on your own behalf and, if you are acting for your organization, on its behalf. If you do not accept them, do not sign in.
2. What these terms are, and are not
These terms govern use of the portal software. They do not describe what we deliver, what it costs, or what happens if delivery falls short. Those are in your signed service agreement with us.
If these terms and your signed agreement conflict, your signed agreement wins. These terms fill gaps; they do not override commercial terms you negotiated.
Our Privacy Policy at apexdm.co/privacy is incorporated into these terms.
3. Who may use the portal
The portal is a business tool. You may use it only if you are at least 18, are acting for a licensed insurance agency or agent organization with an active account, and have been given a seat by your organization's administrator.
It is not for individual retail consumers. Consumers who want to know how their information is handled should read summersahead.com/privacy.
4. Accounts and seats
- One person, one account. Do not share a login, and do not use anyone else's.
- Your organization's administrator adds and removes seats and decides what each seat can see.
- You are responsible for keeping your password secret and for everything done under your account.
- Tell us immediately at privacy@apexdm.co if you think an account has been compromised.
- We may suspend an account we reasonably believe is shared, compromised, or being used in breach of these terms.
Every action taken in the portal is logged against the account that took it. That log is our record of who did what.
5. Consumer information you receive
This is the most important obligation in these terms.
When a transfer is delivered to your organization, information about a real consumer appears in your portal account, including their name, phone number, state, a summary of what they said, and a link to the recording of the call.
That consumer consented to be introduced to your organization by name. They did not consent to anything beyond that. You agree that your organization will:
- Use it only to serve the consumer who was introduced to you.
- Not resell, rent, trade or transfer it to any other agency, agent, marketer or list.
- Not add it to any marketing list, campaign or audience the consumer did not agree to.
- Honour a stop request immediately if the consumer asks you to stop contacting them, and tell us so we can honour it too.
- Comply, on your own account, with all telemarketing, insurance, advertising and privacy law that applies to your contact with that consumer, including your own state licensing and suitability obligations.
- Keep it secure, limit access to people who need it, and delete or return it when the consumer relationship ends.
- Not download, export, scrape or systematically copy consumer records from the portal beyond what you need for the consumer in front of you.
Recordings. Recording links in the portal are provided so you can review the call that was delivered to you and raise a dispute if it was not what you bought. You may not publish, broadcast, share outside your organization, or use them for training a machine learning system, marketing or any other purpose.
Your organization is independently responsible for the copy of consumer information it holds from the moment of delivery. We are not responsible for what your organization does with it.
No separate data addendum. The data-protection terms between us, including the prohibition above on using call recordings to train a machine learning system, are in your signed service agreement and these terms. We do not execute a separate data protection addendum.
6. Acceptable use
You agree not to:
- Submit false, misleading or fraudulent information
- Access, or try to access, another organization's records, another user's account, or any part of the system you were not given a seat for
- Scrape, crawl, or systematically extract data from the portal
- Reverse engineer, decompile or attempt to derive the source code of the portal
- Interfere with, disrupt, overload or attempt to circumvent the security or normal operation of the portal
- Use the portal to send anything unlawful, or to contact any consumer in breach of law
- Raise disputes you know to be unfounded, or manipulate delivery records
- Use the portal to build or assist a competing service
7. Availability and changes
The portal is provided as available. We aim to keep it running, but we make no uptime or service-level commitment. We may change, suspend or withdraw any part of it. We may perform maintenance, and we will give notice of planned maintenance where we reasonably can.
We may update the portal's features at any time. We will not make a change that materially reduces what your signed agreement entitles you to without telling you first.
8. Delivery, disputes and balances
How delivery is measured, what counts as billable, how long you have to raise a dispute, and how a successful dispute is remedied are set by your signed agreement. The portal shows you those figures; it does not set them.
In outline, and subject to your agreement: delivery is measured in units; a delivered unit you do not dispute within your dispute window is accepted; a dispute we uphold is remedied with a replacement credit added to your balance.
Prepaid balance on cancellation. If your organization cancels, we refund the unused prepaid balance within 30 days, less the value of calls and transfers already delivered.
If a state becomes unserviceable. If we can no longer serve a state your organization buys for, you may move the balance for that state to your other states, or have it refunded on the same terms.
9. Fees and payment
Fees, payment terms and invoicing are in your signed agreement. Payments are processed by our payment processor and we do not store your card details. Late payment may result in suspension of delivery and of portal access, on the terms of your agreement.
10. Intellectual property
The portal, the apexdm.co site, their design, text and graphics, our methodologies, our qualification and delivery-measurement systems, and our names and logos belong to Apex Digital Media LLC or its licensors.
Using the portal grants you a limited, non-exclusive, non-transferable, revocable licence to access it for your organization's own business purposes while your account is active. It grants you nothing else. In particular it grants no right to use our name, marks or methodology for any other purpose.
Feedback you give us about the portal, we may use freely and without obligation.
11. Confidentiality
Pricing, delivery data, dispute outcomes, non-public portal features and anything we tell you is confidential are confidential. Do not disclose them outside your organization except to advisers under a duty of confidence, or where the law requires, in which case tell us first if you lawfully can.
12. Disclaimers
Apex Digital Media LLC is not an insurance carrier and does not provide insurance, investment, tax or legal advice.
We do not guarantee any commercial outcome. Using the portal, receiving transfers, or participating in any program does not guarantee sales, appointments held, commissions, premium, close rate, or any return. Licensed producers and agencies remain solely responsible for their own licensing, product communications, suitability and best-interest obligations, disclosures, applications, carrier submissions, servicing and compliance.
To the fullest extent permitted by law, the portal is provided "as is" and "as available", without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.
13. Limitation of liability
To the fullest extent permitted by law, neither Apex Digital Media LLC nor its members, officers, employees or service providers will be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of revenue, profit, data or business opportunity, arising out of or relating to the portal, even if advised of the possibility.
Our total liability to your organization arising out of or relating to these terms or the portal will not exceed the total fees your organization paid us in the 12 months before the claim.
Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you.
14. Indemnity
Your organization will indemnify Apex Digital Media LLC against claims, losses and reasonable costs arising from your organization's use of consumer information after delivery, your organization's own contact with consumers, your organization's breach of these terms, and your organization's breach of law.
We will indemnify your organization against claims that the consumer consent we obtained for a consumer we delivered to you was defective, and against the losses and reasonable costs arising from them. Our liability under this indemnity is limited to the fees your organization paid us in the 12 months before the claim.
15. Suspension and termination
We may suspend or terminate access immediately, without notice, if we reasonably believe there has been a breach of section 5 or section 6, a security risk, or unlawful use. Otherwise, termination follows your signed agreement.
On termination your access ends. Sections 5, 10, 11, 12, 13, 14 and 16 survive. What happens to your data on termination is in the Privacy Policy under "How long we keep information".
16. Governing law and disputes
These terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these terms or the portal will be brought exclusively in the state or federal courts located in Broward County, Florida, and you consent to the personal jurisdiction of those courts.
These terms contain no arbitration clause; disputes go to court.
Where your signed service agreement says otherwise about governing law, venue or how disputes are resolved, the signed agreement controls.
17. Changes to these terms
We may update these terms. We will change the "Last updated" date, and for a material change we will tell account administrators by email before it takes effect. Changes apply from that date. Continuing to use the portal after an update means you accept the revised terms.
18. Contact
Apex Digital Media LLC 55 Weston Rd Suite 205 Weston, FL 33326 privacy@apexdm.co