Terms & Conditions

These Terms & Conditions (the Terms) govern your access to and use of the Apex38 platform, website, and related services (together, the Service), operated by Foreman L.L.C-FZ (Foreman, we, us, or our), a free zone limited liability company registered in the United Arab Emirates. By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. The Service

Apex38 is an AI-assisted customer relationship management platform for real estate professionals. It helps you organise leads, schedule and automate follow-up messages over connected messaging channels, generate content such as messages and stories, and review performance analytics. We may add, change, or remove features at any time.

2. Eligibility and Accounts

• You must be at least 18 years old and able to enter into a binding contract.
• Access to Apex38 is currently invite-only. You are responsible for the information you provide and must keep it accurate and up to date.
• You are responsible for safeguarding your login credentials and for all activity that occurs under your account. Notify us promptly of any unauthorised use.

3. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party right.
• Send unsolicited, unlawful, deceptive, or bulk spam messages.
• Upload malware, attempt to gain unauthorised access to the Service, or interfere with its normal operation.
• Reverse engineer, copy, resell, or create derivative works from the Service except as permitted by law.

4. Connected Messaging Services

The Service lets you connect third-party messaging accounts, including WhatsApp, to send messages. You are solely responsible for complying with the terms, policies, and messaging rules of those providers. Apex38 is an independent product and is not endorsed by, affiliated with, or sponsored by WhatsApp LLC or Meta Platforms, Inc. We are not responsible for any suspension or restriction of your third-party accounts arising from your use of the Service.

5. Messaging Consent and Compliance

You represent and warrant that you have a lawful basis and, where required, the consent of each recipient before contacting them through the Service. You are responsible for honouring opt-out requests and for complying with all applicable anti-spam, telemarketing, and data-protection laws.

6. AI-Generated Content

The Service can generate suggested messages, stories, and other content using artificial intelligence. This content is provided as a convenience and may be inaccurate, incomplete, or unsuitable. You are responsible for reviewing and editing any generated content before it is sent or published, and for ensuring it is accurate and lawful.

7. Your Data and Content

You retain ownership of the leads, contacts, messages, and other content you provide to the Service (Your Content). You grant Foreman a worldwide, non-exclusive licence to host, process, and transmit Your Content solely to operate and provide the Service. You are responsible for the lawful collection and use of any personal data you upload. Our handling of personal data is described in our Privacy Policy.

8. Intellectual Property

The Service, including its software, design, and trademarks, is owned by Foreman or its licensors and is protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Service for your internal business purposes, subject to these Terms.

9. Fees

Where the Service or a plan is offered for a fee, you agree to pay all applicable charges as described at the time of purchase. Unless required by law, fees are non-refundable. We may change pricing on prospective notice.

10. Disclaimers

The Service is provided on an as is and as available basis, without warranties of any kind, whether express or implied, including fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any results or deals will be achieved through its use.

11. Limitation of Liability

To the maximum extent permitted by law, Foreman will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill. Our total aggregate liability arising out of or relating to the Service will not exceed the greater of the amounts you paid to us in the twelve months preceding the claim or one hundred United States dollars (USD 100).

12. Indemnification

You agree to indemnify and hold harmless Foreman and its officers, employees, and agents from any claims, damages, and expenses arising out of your use of the Service, Your Content, or your breach of these Terms.

13. Suspension and Termination

We may suspend or terminate your access to the Service at any time if you breach these Terms or if we reasonably believe your use poses a risk to the Service or others. You may stop using the Service at any time. Provisions that by their nature should survive termination will continue to apply.

14. Governing Law

These Terms are governed by the laws of the United Arab Emirates as applicable in the Emirate of Dubai, without regard to conflict-of-law principles. The courts of Dubai will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service.

15. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the date above and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

16. Contact Us

If you have questions about these Terms, contact Foreman L.L.C-FZ at hello@apex38.com.