Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Apex Pulse service and website at apexpulse.apexlabs-ai.com (the "Service"), operated by Apex Labs AI ("we," "us," or "our"). By creating an account or using the Service, you agree to these Terms.

If you do not agree to these Terms, do not use the Service.

Who we are

• Business name: Apex Labs AI
• Address: 5626 Big Paw Heights, Colorado Springs, CO 80919, United States
• EIN: 41-5382380
• Contact: [email protected]

1. The Service

Apex Pulse is an automated text-back and patient communication service for dental practices. When a patient calls a participating dental practice and the call goes unanswered, our Service sends an automated SMS to the caller. The Service also supports appointment reminders, reschedule workflows, and reactivation outreach for existing dental patients.

2. Accounts and eligibility

To use the Service as a dental practice customer, you must:

• Be at least 18 years of age
• Be authorized to act on behalf of the dental practice you represent
• Provide accurate, current, and complete business information during signup
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account

You are responsible for all activity that occurs under your account.

3. SMS program description and consent

Program name

Apex Pulse Missed-Call Text-Back

Program description

Apex Pulse delivers automated SMS messages on behalf of participating dental practices. Message types include:

• Missed-call text-back responses when a patient calls the practice and the call is not answered
• Appointment reminders for upcoming confirmed appointments
• Reschedule confirmations when a patient modifies an existing appointment
• Reactivation messages to existing patients whose last visit was 180 days or more ago
• No-show follow-up when a patient misses an appointment

Consent

Patients consent to receive SMS from a participating dental practice by calling the practice's publicly published business phone number. When a call goes unanswered, an automated SMS is sent to the caller's number to continue the conversation via text. Each participating dental practice displays clear notice on its website and at its front desk stating that calls to the practice may receive an SMS response if unanswered.

"You've reached [Practice Name]. Sorry we missed your call. By staying on the line or hanging up, you consent to receive one text message from us at this number to help book an appointment or answer questions, plus follow-up messages as needed. Message and data rates may apply. Reply STOP to opt out, HELP for help."

For appointment reminders and reactivation messages, consent is established when the patient becomes an active patient of the practice and provides a mobile phone number as their preferred contact method.

Message frequency

Message frequency varies by patient and engagement. Typical frequency is 1 to 4 messages per month per patient.

Message and data rates

Message and data rates may apply. Patients are responsible for any charges from their mobile carrier.

Opt-out (STOP)

Patients can opt out at any time by replying STOP, OPTOUT, UNSUBSCRIBE, CANCEL, END, QUIT, or REVOKE to any SMS message. Opt-out is processed immediately and confirmed with a final acknowledgment message. No further SMS will be sent to that phone number from the participating practice.

Help (HELP)

Patients can reply HELP at any time to receive contact information for the participating dental practice.

Supported carriers

SMS is supported on major US carriers including AT&T, T-Mobile, Verizon, US Cellular, Sprint, Boost, Cricket, MetroPCS, and other US carriers. Carrier availability may vary.

Program operator

The SMS program is operated by Apex Labs AI on behalf of participating dental practices. Contact us at [email protected] with questions about the SMS program.

4. Acceptable use

You agree not to use the Service to:

• Send SMS messages to any recipient who has not consented or has opted out
• Send content that is unlawful, threatening, harassing, defamatory, obscene, or otherwise objectionable
• Send spam, unsolicited advertising, or bulk promotional content outside the scope of patient communication
• Impersonate another person or misrepresent your affiliation with a practice
• Interfere with or disrupt the Service or its infrastructure
• Attempt to gain unauthorized access to any part of the Service or another customer's account
• Use the Service for any purpose that violates federal, state, or local law including the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act
• Send messages related to regulated categories including gambling, adult content, cannabis, firearms, payday loans, or high-risk financial products without prior written authorization from us

Violation of these acceptable use rules may result in immediate account suspension or termination.

5. Fees and billing

Current pricing and plan details are provided to customers during onboarding and available in the client dashboard. By default:

• Launch month is charged at signup and is non-refundable. It covers phone number provisioning, practice configuration, AI tuning, reactivation setup, website setup, reputation setup, and onboarding support.
• Subscription fee is billed monthly through Stripe after the first 30-day launch period.
• Usage is bundled for normal practice use. Meta ad spend is paid by the customer directly to Meta. Unusual telecom overages may be billed separately if agreed in writing.

You authorize us to charge your payment method on file for all fees owed. Failure to pay may result in Service suspension.

You may cancel your subscription at any time through the client dashboard or by emailing [email protected]. Cancellation during the launch period stops future subscription billing but does not refund the launch month. Cancellation after the launch period stops future billing but does not retroactively refund already-billed periods.

6. Refunds

• Launch month fees are non-refundable as they cover real operational costs incurred at signup.
• Subscription fees start after the launch period. No refunds are issued for partial months after the subscription begins.
• In exceptional circumstances (extended Service outages, billing errors), we may issue refunds at our discretion.

7. Service availability

We target 99.5% uptime on a best-effort basis. Formal service credits, if any, must be agreed in writing.

Scheduled maintenance windows will be communicated at least 24 hours in advance where possible.

8. Intellectual property

The Service, including all software, design, copy, and documentation, is the property of Apex Labs AI and protected by US and international copyright and intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the Service without our prior written consent.

Customer data (including patient conversations and practice configuration) remains the property of the customer. We claim no ownership of customer-provided content.

9. Data processing

Our handling of customer and patient data is governed by our Privacy Policy, available at apexpulse.apexlabs-ai.com/privacy. By using the Service, you agree to the Privacy Policy.

For dental practices requiring a HIPAA Business Associate Agreement (BAA), we will execute one upon request before production use.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APEX LABS AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF APEX LABS AI EXCEED THE GREATER OF ONE HUNDRED US DOLLARS (100 USD) OR THE AMOUNT PAID BY YOU TO APEX LABS AI IN THE TWELVE MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Apex Labs AI, its officers, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party including any patient of your practice.

13. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice, effective immediately. Common grounds for termination include violation of these Terms, nonpayment, or abuse of the Service.

You may terminate your account at any time by following the cancellation process described in Section 5.

Upon termination, your right to use the Service ceases immediately. Customer data is retained for 90 days after termination for billing reconciliation, after which it is permanently deleted unless otherwise requested.

14. Governing law

These Terms are governed by the laws of the State of Colorado, United States, without regard to its conflict of law provisions. Any dispute arising from these Terms or the Service will be resolved in the state or federal courts located in El Paso County, Colorado.

15. Changes to these Terms

We may modify these Terms from time to time. Material changes will be communicated to customers via email at least 30 days before taking effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

16. Entire agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Apex Labs AI regarding the Service. If any provision is held invalid, the remaining provisions remain in full force and effect.

17. Contact

Questions about these Terms should be directed to: