Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Apex Pulse service and website at apexpulsedental.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 opts in through a participating practice's public form, Apex Pulse can send SMS messages to help answer questions, book appointments, confirm visits, send reminders, and support patient-care follow-up.

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:

• Text-back responses after a patient opts in through a public appointment, contact, or landing-page form
• Missed-call follow-up when the patient has consented to patient communication
• 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 submitting a public appointment, contact, or landing-page form and checking an unchecked SMS consent box. Consent is separate from these Terms and is not required to buy anything.

"I agree to receive text messages from [Practice Name] about appointments and patient communication. Message frequency varies. Message and data rates may apply. Reply STOP to opt out, HELP for help. Consent is not required to buy anything. Terms: /terms. Privacy: /privacy."

For existing patients, appointment reminders and patient-care messages may also be sent when the patient has provided a mobile phone number to the practice for patient communication and has not opted out.

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, STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT, OPTOUT, 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.

No SMS consent sharing

Mobile phone numbers, text messaging opt-in data, and SMS consent records are not shared with third parties or affiliates for marketing or promotional purposes.

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

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, the software creates one base-subscription Stripe customer-balance credit. It applies automatically 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.

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. The one-time 60-day guarantee credit in Section 5 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.

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 apexpulsedental.com/privacy. By using the Service, you agree to the Privacy Policy.

Deactivation suspends account access but preserves customer data. When an authorized account deletion is executed, active Apex Pulse records are removed immediately and one access-restricted AES-256-GCM encrypted recovery copy is kept for 30 days solely for disaster recovery and deletion-error correction, then erased automatically.

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.

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. The account is deactivated and customer data is retained for 90 days for billing reconciliation unless earlier deletion is verified and approved. When deletion is executed, active Apex Pulse records are removed immediately; the restricted encrypted recovery copy described in Section 9 expires and is erased after 30 days.

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: