Terms of Service

Effective Date: [Effective Date — pending DE Cert filing] · Apex Vault, Inc.

COUNSEL REVIEW NOTE 1: These Terms govern the use of the apexvaultcompliance.com website and any marketing-stage interactions. They are not the master services agreement (MSA) governing paid Apex Vault deployments — that is the standalone MSA + Order Form + BAA executed between Apex Vault and each customer. Confirm scope: this should be the website ToS only, with all material commercial terms (pricing, SLA, deliverables, indemnification, LOL caps) deferred to the MSA.

01Acceptance

By accessing or using the website at apexvaultcompliance.com (the "Site"), you agree to these Terms of Service (the "Terms"). If you do not agree, do not use the Site.

These Terms govern your use of the Site only. Paid use of Apex Vault services is governed by a separate Master Services Agreement (MSA), Order Form, Business Associate Agreement (BAA), and Data Processing Agreement (DPA) executed between Apex Vault and the customer.

02The Site

The Site exists to describe Apex Vault's compliance proxy infrastructure for healthcare tracking technologies. Information on the Site is provided for general informational purposes and may be updated without notice. Specific tier sheets, contract terms, and security documentation are made available to qualified prospects under MNDA.

03Acceptable use

You agree not to use the Site to:

Violate any applicable law or regulation.
Infringe the intellectual property, privacy, or other rights of any party.
Transmit malware, viruses, or other harmful code.
Attempt to gain unauthorized access to the Site, related systems, or any other user's account.
Use any automated means (other than standard search-engine indexing) to crawl, scrape, or harvest the Site.
Test, probe, or scan the Site or related infrastructure without prior written authorization. Authorized security research is welcomed by separate written agreement.

04Site scanner tool

The Site offers a free compliance-scan tool that examines publicly-accessible HTML at a URL the user submits. By submitting a URL, you attest that you have authority to test that URL. The scan is read-only against publicly-visible HTML, processes ephemerally, and does not retain submitted URLs or results after the scan completes.

The scanner is educational, not legal advice. Results are based on a static analysis of publicly-visible HTML and may not detect JavaScript-rendered, server-side, or tag-manager-injected tracking technologies. A clean static result does not guarantee absence of tracking.

05Intellectual property

The Site, including all text, graphics, layout, code, and trademarks, is owned by Apex Vault or its licensors and is protected by applicable intellectual-property law. Limited use of the Site for evaluation purposes is permitted. No other use is granted by implication, estoppel, or otherwise.

The APEX VAULT name and mark are claimed by Apex Vault, Inc.

06Third-party links and content

The Site may link to third-party websites or services. Apex Vault does not control, endorse, or assume responsibility for any third-party content. Your use of any third-party site is at your own risk and subject to that site's own terms.

07No professional advice

Information on the Site, including legal references to state wiretap statutes, state consumer-health-privacy laws, federal ECPA, FTC Act §5, HIPAA, and related frameworks, is provided for educational purposes only. Nothing on the Site constitutes legal, regulatory, accounting, or other professional advice. Consult qualified counsel and other professionals as appropriate for your specific situation.

COUNSEL REVIEW NOTE 2: The §07 disclaimer is intentionally broad. Some counsel prefer to add a state-specific bar-rules disclaimer (e.g., for jurisdictions that regulate "legal information" tools more aggressively). Confirm whether any state where Apex Vault will market actively triggers a heightened disclaimer requirement.

08Warranties & disclaimers

THE SITE AND THE SCANNER TOOL ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APEX VAULT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

Without limiting the foregoing, Apex Vault makes no warranty that the Site will be free from defects or that any errors will be corrected.

09Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APEX VAULT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, REGARDLESS OF THE LEGAL THEORY ON WHICH ANY SUCH CLAIM IS BASED.

IN ALL EVENTS, APEX VAULT'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

This Section does not limit liability that cannot be limited under applicable law.

10Indemnification

You agree to indemnify, defend, and hold harmless Apex Vault and its officers, directors, employees, and agents from any claim, demand, or expense (including reasonable attorneys' fees) arising out of (a) your breach of these Terms; (b) your misuse of the Site; or (c) your violation of any applicable law or the rights of any third party in connection with your use of the Site.

11Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated by reference into these Terms.

12Modifications

Apex Vault may modify these Terms at any time. The "Effective Date" at the top of these Terms reflects the most recent revision. Your continued use of the Site after a revision constitutes acceptance of the revised Terms.

13Termination

Apex Vault may suspend or terminate your access to the Site at any time, for any reason, without notice. Provisions that by their nature should survive (intellectual property, disclaimers, limitation of liability, indemnification, governing law, and miscellaneous) shall survive any termination.

14Governing law & venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms or your use of the Site shall be brought exclusively in the state or federal courts located in New Castle County, Delaware, and you consent to personal jurisdiction in those courts.

15Miscellaneous

These Terms constitute the entire agreement between you and Apex Vault concerning your use of the Site. If any provision is held unenforceable, the remaining provisions shall remain in effect. No waiver of any provision shall be effective unless in writing. These Terms may not be assigned by you without Apex Vault's prior written consent.

Apex Vault, Inc. is a Delaware corporation. Notices to Apex Vault should be sent to legal@apexvaultcompliance.com.