Terms and Conditions

Last updated: December 2025

These Terms of Service (“Terms”) are between you (a natural person or legal entity, “Customer”, “you”, or “your”) and Apex One, a sole proprietorship registered in the Netherlands (KvK 88306607) with registered address Berberishage 33, 9408 EN Assen, the Netherlands (“Apex One”, “we”, “us”, or “our”).

By creating an account, subscribing to a service, purchasing the Launch Program or otherwise using Apex One’s services or software, you agree to these Terms.

1. Definitions
‍Service(s) means access to the Apex One software (SaaS), and any managed services (campaign creation, management, optimisation, consulting) provided by Apex One as described on apexone.nl and in any order form.
‍Platform means the Apex One web application and related APIs and interfaces made available to Customers to create, manage and optimise advertising campaigns.
‍Launch Program means the paid two-month managed onboarding & campaign-management package currently offered by Apex One (€599 one-time) as described in the order.
‍Subscription Plans means Starter, Pro and any other recurring plans described in Apex One’s pricing pages and order forms.
‍Customer Content means logos, creative assets, copy, targeting, data or any material you provide to Apex One for use with the Platform or Services.

2. Services & scope
Apex One is a hybrid service provider. Customers may use the Platform (SaaS) themselves, or engage Apex One for managed services (campaign build, creative production, optimisation, strategy and ongoing management).
The exact scope of managed services (if any) will be confirmed in the applicable order, invoice, or separate statement of work. Apex One may, at its discretion, decline to provide certain services that violate platform policies or applicable law.
Apex One will use commercially reasonable efforts to provide the Services in a professional manner. Apex One does not guarantee any specific advertising performance results (e.g., ROAS, leads, revenue), except as expressly set out in a separate written agreement.

3. Customer responsibilities
You are responsible for all Customer Content and for the accuracy and legality of your ads and campaigns.
You must: provide accurate company and billing information; provide any access credentials or permissions necessary for Apex One to perform the Services (ad accounts, pixels, pixels, catalogs, etc.); ensure that your ad content, targeting and campaigns comply with applicable laws and platform terms (Meta, Google, TikTok etc.).
You retain control of and responsibility for your advertising accounts and budgets. Advert budgets are set and funded by you unless otherwise agreed in writing. Apex One is not responsible for the media spend itself unless explicitly set out in the order.
You must keep your account credentials secure. You are responsible for any activity that occurs using your accounts. You must notify Apex One promptly of any suspected unauthorized use.

4. Pricing, billing & trials
‍Subscriptions:
Starter: €89 per month (excl. VAT). 7-day free trial applies. Basic platform access and limited support.
‍Pro: €199 per month (excl. VAT). 7-day free trial applies. Full platform access and standard support.
‍Add-ons: social post add-on €49 per month (excl. VAT), adds to monthly subscription.
‍Launch Program: One-time fee €599 (excl. VAT). No trial. Payment is required prior to the program start. Launch Program is a two-month managed service; the scope is defined in the onboarding call and program plan.
All recurring fees are billed automatically via Stripe (or other payment processor). Subscription fees do not include VAT and taxes; VAT will be added where required by law based on your billing address and status. EU B2B customers with a valid VAT ID may be invoiced under reverse charge where applicable.
‍Cancellation: Subscriptions may be cancelled at any time. Cancellation takes effect in accordance with the billing cycle (e.g., if monthly, at the end of the current paid month). Customers will retain access until the paid period ends.
‍Failed payments: If a recurring payment fails, we will attempt retries. If retries fail, we may suspend or terminate access to the Platform until payment is made.
‍Refunds: Refunds are not automatic. Customers may request refunds; Apex One may approve refunds in its sole discretion except where required by law. Launch Program fees are non-refundable unless otherwise agreed in writing.
‍Price changes: Apex One may change pricing or features. We will notify customers in advance of price increases; customers may choose to cancel before changes take effect.

5. Launch Program – specific terms
The Launch Program is a paid managed service: Apex One will set up campaigns, create or request creative assets, and manage campaigns on behalf of the Customer for two months.Launch Program start: Apex One will not commence work until payment is received in full.
The Customer must provide required access, asset files and cooperation within reasonable timeframes. Delays caused by the Customer may materially affect the Program’s schedule.
At Program completion the Customer may: continue on a subscription plan with Apex One,continue to use the Platform alone, or stop using the Platform.
Any additional work outside the agreed Program scope will be billable.

6. Intellectual property & rights
‍Platform ownership: Apex One does not claim ownership of the underlying Platform software if the Platform is a white-labelled product owned by a third party. Apex One and its licensors retain all rights, title and interest in the Platform and related technology.
‍Customer Content: You retain ownership of all Customer Content you provide. By providing Customer Content you grant Apex One a worldwide, non-exclusive, royalty-free, revocable (after termination) license to use, copy, reproduce, modify, display and distribute the Customer Content for purposes of providing the Services, including publishing anonymised or identified case studies if you consent (see below).
‍Case studies & marketing: By default, Apex One may create anonymised case studies from aggregated data. Apex One may also use your company name, logo and non-confidential campaign metrics for marketing and case studies unless you explicitly object in writing prior to publication. You may request anonymity or redaction by contacting Apex One; Apex One will consider such requests in good faith.
‍Campaign ownership: The Customer retains ownership of ads, creatives and campaign configurations created by or for the Customer, subject to any third-party rights. Apex One may keep copies of campaign configurations for operational continuity, troubleshooting and product improvement.

7. Data & machine learning
‍Usage data: Apex One may collect and process data generated through the Platform and Services. Apex One may use aggregated and anonymised data to improve the Platform and AI models.
‍Model learning: Apex One may use Customer data (including campaign performance, creative metadata and other operational data) to train and improve machine learning models, provided that Apex One processes and stores such data in a way that protects Customer confidentiality and complies with applicable laws.
‍Data retention & deletion: On termination, Apex One will cease active processing of your account and will remove or archive data in accordance with applicable data protection laws and Apex One’s data-retention policies. If you require deletion, contact support; Apex One will comply subject to legal obligations and retention needs (e.g., for tax or accounting).
‍Privacy: Apex One’s privacy practices are described in the Privacy Policy, which is incorporated into these Terms.

8. Accounts & access control
Apex One requires access permissions to Customer ad accounts and related assets to provide Services. You represent and warrant you have authority to grant such permissions.
Apex One may suspend or restrict access to your account in case of suspected fraud, illegal activity, policy violations by you or your ads, or non-payment.
You are responsible for maintaining security of credentials and for any actions taken using your accounts.

9. Permitted & prohibited use
Customers must not use the Platform or Services to create or promote illegal content, content that violates platform policies, or content that is otherwise unlawful (including but not limited to illegal drugs, unlicensed gambling, or other restricted categories as listed by advertising platforms).
Apex One may refuse service or terminate accounts that are used for prohibited activities or that materially increase legal or financial risk.

10. Warranties & disclaimers
‍Limited representations: Apex One represents that it will provide the Services in a professional manner consistent with industry standards.
‍No performance guarantees: Except as set out in a separate written agreement, Apex One does not guarantee any specific advertising outcomes (CTR, conversions, leads, sales, ROAS). While many Customers experience time savings and improvements in performance, results depend on many factors outside Apex One’s control.
‍Disclaimer: The Platform and Services are provided “as is” and “as available” to the fullest extent permitted by applicable law.

11. Indemnity
You agree to indemnify, defend and hold Apex One and its officers, employees and contractors harmless from any claim, loss, damage, fine, or expense (including legal fees) arising from:your use of the Platform or Services (including your ads and content),your breach of these Terms,your violation of any law or of any third party rights.

12. Limitation of liability
‍Cap: To the maximum extent permitted by law, Apex One’s aggregate liability to you for any claim arising from or related to these Terms or the Services will not exceed the total amount paid by you to Apex One in the three (3) months immediately preceding the event giving rise to the claim (or €1,000 if you have paid less).
‍Excluded damages: Apex One will not be liable for indirect, incidental, consequential, special or punitive damages, including lost profits, lost data, or loss of business opportunity, even if Apex One was advised of the possibility of such damages. These limitations apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or other legal theory.

13. Termination
Either party may terminate the Customer’s subscription for convenience by cancelling per the billing mechanics; cancellation ends the subscription at the end of the current paid period.
Apex One may suspend or terminate your access immediately for material breach, non-payment, fraudulent activity, illegal use, or if provision of Services creates undue legal or compliance risk.
On termination: you lose access to the Platform; Apex One will provide access to any residual data as required by law; if Apex One terminates for convenience, Apex One will refund any unused portion of prepaid fees for the then-current billing period; if Apex One terminates for cause you will not be entitled to a refund.

14. Modifications to the Terms
Apex One may modify these Terms from time to time. We will notify you of material changes (e.g. by email or in-product notification). Continued use of the Platform or Services after any changes indicates your acceptance of the updated Terms.

15. Force majeure
Apex One is not liable for failure or delay in performance resulting from events beyond its reasonable control (force majeure), including, but not limited to, acts of God, pandemics, strikes, internet or hosting failures, or platform outages.

16. Governing law & dispute resolution
These Terms are governed by the laws of the Netherlands. The parties submit to the exclusive jurisdiction of the competent courts of the Netherlands to resolve disputes arising out of or in connection with these Terms.

17. Miscellaneous
‍Entire agreement: These Terms, the order forms and any documents expressly referenced constitute the entire agreement between the parties regarding the Services.
‍Severability: If any provision of these Terms is found invalid, the remaining provisions remain in full force.
‍Assignment: You may not assign your rights under these Terms without Apex One’s prior written consent. Apex One may assign its rights and obligations.
‍Notices: Notices to Apex One should be sent to info@apexone.nl and to the registered address above.

18. Acceptance
By creating an account, purchasing a subscription, or otherwise using the Platform or Services, you acknowledge that you have read and agree to these Terms of Service.