Terms of Service

These Terms govern the Apex Pulse website and services, operated by Apex Pulse LLC ("Apex Pulse," "we," "us," or "our"). Apex Pulse Dental is our business name for software and marketing services for dental practices. We do not provide dental care.

By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service. SMS consent is a separate, optional choice; accepting these Terms or providing a phone number does not by itself authorize promotional texts.

1. Our services

We provide software and marketing services that help dental practices manage inquiries, patient communications, scheduling requests, follow-up, feedback and marketing. Features depend on the customer's agreement, configuration, connected systems and verified launch requirements. A request is not a confirmed appointment, and a software feature is not a clinical service.

2. Accounts and eligibility

Practice customers must be at least 18, authorized to act for their practice, and provide accurate and current business information. Keep account credentials secure and tell us promptly about unauthorized access. You are responsible for activity under your account.

3. Apex Pulse business SMS program

Apex Pulse LLC operates the Apex Pulse business messaging program for people who ask about or use our software and services. This is Apex Pulse's own program, separate from any dental practice's patient messages.

Messages and separate choices

Depending on the choices you make in our website chat widget, we may send informational texts about your inquiry, requested demo or meeting, customer support or service updates, and/or promotional texts about Apex Pulse products and services. Informational and promotional consent are separate and optional. Consent is not a condition of purchase. Messages may be sent using automated technology.

Frequency and charges

Message frequency varies. Message and data rates may apply. Your mobile carrier's charges are your responsibility.

Stop messages or get help

Reply STOP to stop SMS from this program. You may receive one confirmation of your opt-out. After that confirmation, no further texts from this program will be sent unless you provide fresh consent. To request to rejoin, make your SMS choices again in our website chat widget. If your number remains blocked, contact support for help; submitting the widget does not automatically clear an existing opt-out. Messaging may resume only after your fresh consent and messaging eligibility are verified. Reply HELP for help, or contact [email protected] or (310) 922-3499. You can also contact us to report an incorrect number or request assistance with your preferences.

Mobile carriers are not liable for delayed or undelivered messages. Delivery depends on carrier and network availability.

SMS privacy

Mobile information, text messaging opt-in data and SMS consent records are not sold, rented or shared with third parties or affiliates for their marketing or promotional purposes. Necessary service providers may process this information only to deliver and support the program. This does not authorize another party to market to you using your mobile information or consent. See our Privacy Policy.

4. Messages for client dental practices

Where separately configured and authorized, our software may process patient communications on a dental practice's behalf. The practice is responsible for its patient relationship, accurate information, appropriate brand, sender and campaign registration, and documented consent for each messaging purpose. Apex Pulse's own website opt-in or campaign registration does not cover every practice or patient.

A patient's consent to one practice does not authorize Apex Pulse's own promotions or transfer consent to another practice. Merely submitting a telephone number, being an existing patient or accepting these Terms is not a substitute for the required messaging permission. Practices must honor opt-outs and staff takeover and must not send messages outside the permission obtained. No patient feature is authorized for production merely by appearing on this website.

5. Acceptable use

• Do not message people without the required consent or after they opt out.
• Do not send unlawful, threatening, harassing, defamatory, obscene or deceptive content, spam or unsolicited advertising.
• Do not impersonate anyone, misrepresent a practice, interfere with the Service or access another customer's data without authorization.
• Follow applicable law, including relevant telemarketing and email rules, and all applicable carrier and platform messaging restrictions.
• Do not use the Service for prohibited or ineligible messaging categories. Restrictions may include gambling, adult content, cannabis, firearms, payday lending and high-risk financial products. Written permission from Apex Pulse cannot waive a legal, carrier or platform prohibition.

Violation may result in immediate suspension or termination.

6. Fees, billing and cancellation

Your exact fees and billing model are stated in your private signed Order Form and authenticated Billing page. The private Order Form controls if it differs from this general policy.

• Launch and subscription fees: the private Order Form states the base charges and their start dates.
• Additional private fees: when included in the private Order Form, the authenticated Billing page shows the definition, supporting detail, correction process, and amount.
• Usage is bundled for normal practice use. Google Ads spend is paid by the customer directly to Google. Unusual telecom overages may be billed separately if agreed in writing.

Invoice detail and supporting records remain protected inside the authenticated Service. You authorize the saved payment method to be charged for unpaid amounts on the due date when your private Order Form permits it. Failure to pay may place marketing features on a Billing Hold. Apex will notify its operator for any external advertising pause; the Service does not automatically pause Google Ads.

60-day confirmed-revenue guarantee

If the verified dashboard result does not exceed the threshold in your private Order Form during your first 60 subscription days, Apex applies one base-subscription credit to the next eligible subscription invoice after the correction period.

• Eligibility: this guarantee applies to a standard Apex Pulse Complete plan whose launch-month payment is paid through Stripe on or after July 19, 2026. Earlier plans and custom agreements are governed by their own signed terms.
• Start and end: the measurement starts at the timestamp of the first paid monthly Apex Pulse Stripe invoice, not the launch-month payment, and ends exactly 60 days later.
• Qualifying revenue and attribution: only exact patient value saved in Apex Pulse for an appointment that the dashboard identifies as completed during the measurement window counts. Estimates, booked-only appointments, no-shows, unverified values, ad spend, and revenue outside the window do not count.
• Customer duties: the practice must finish required onboarding and access within 14 days after the measurement starts, keep the account active and payments current through the review period, use Apex Pulse in good faith, and enter or correct exact completed-appointment values by the correction deadline.
• Correction and dispute: the dashboard result is preliminary at day 60. The practice has 7 calendar days to report a missing or incorrect appointment/value to support with reasonable records. Apex will correct verified errors in the dashboard before the result becomes final.
• Credit: when the final verified result meets the private Order Form's guarantee terms and the duties above were met, Apex applies one base-subscription Stripe customer-balance credit to the next eligible base-subscription invoice. It never refunds or offsets other private-agreement fees, has no cash value, cannot be transferred, and is available once per practice.
• Exclusions: the guarantee does not apply to demo/test accounts, custom agreements that expressly replace it, paused/cancelled/delinquent accounts, missing or manipulated outcome data, clinical outcomes, Google Ads spend, telecom overages, or failures caused by the practice, its vendors, carriers, Google, Stripe, force majeure, or other systems outside Apex's reasonable control.

You authorize us to charge your payment method on file for fees owed as stated in the private Order Form. 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.

7. 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. The one-time 60-day guarantee credit in Section 6 is the sole standard performance remedy and is a future invoice credit, not a cash refund.
• In exceptional circumstances (extended Service outages, billing errors), we may issue refunds at our discretion.

8. 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.

9. Intellectual property

The Service, including all software, design, copy, and documentation, is the property of Apex Pulse LLC 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.

10. Data processing

Our Privacy Policy explains our handling of website, customer and practice data. Customer data remains the customer's property. Deactivation and deletion are different: deactivation suspends access while preserving records. Retention and deletion depend on the relevant system, applicable agreement and legal obligations, as explained in the Privacy Policy.

For the legacy Apex application deletion process, one access-restricted AES-256-GCM encrypted recovery copy is kept for 30 days for disaster recovery and deletion-error correction. This specific recovery process is not a promise that HighLevel, messaging providers or every connected system uses the same retention period.

Production use involving protected health information requires a signed Business Associate Agreement and an approved data path before that feature is activated. This is not a blanket certification of every practice setup.

11. 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.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APEX PULSE LLC 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 PULSE LLC EXCEED THE GREATER OF ONE HUNDRED US DOLLARS (100 USD) OR THE AMOUNT PAID BY YOU TO APEX PULSE LLC IN THE TWELVE MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless Apex Pulse LLC, 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.

14. Termination

We may suspend or terminate access at any time, with or without cause or notice, effective immediately. Common reasons include violation of these Terms, nonpayment or abuse. You may end your account using the cancellation process in Section 6. Upon termination, your right to use the Service ends. Records may remain for billing reconciliation, legal duties, security and recovery as described in our Privacy Policy; cancellation is not an instruction to erase all records immediately.

15. Governing law

Colorado law governs these Terms without regard to conflict-of-law provisions. Disputes relating to these Terms or the Service will be resolved in the state or federal courts in El Paso County, Colorado.

16. Changes to these Terms

We may update these Terms. Material changes will be communicated to customers by email at least 30 days before taking effect. Continued use after changes take effect constitutes acceptance. An updated website does not retroactively change a signed customer agreement.

17. Agreement priority

These Terms, the Privacy Policy and your signed Order Form and other applicable signed agreements govern the Service. Your private signed Order Form controls where it differs from this general policy; applicable signed data-processing agreements also remain in effect. If a provision is invalid, the remaining provisions continue in effect.

18. Contact

For questions about these Terms or our SMS program: