Terms of Service

These terms are an agreement between you and Pyke Horse Training LLC, a California limited liability company ("Apex", "we", "us"). They cover the Apex website, the Apex course and certification, and the Apex Platform app (together, the "Service").

If you accept these terms for a company or other organization, you confirm you have authority to bind it, and "you" means that organization. A signed order form or master agreement with us takes priority over these terms where they conflict.

1. Who the Service is for

• The course is for individuals and teams who want to learn the Apex presales method.
• The app is for businesses. You may not use the app as a consumer for personal, family or household purposes.
• You must be at least 18 years old.

2. Accounts

• Keep your sign-in details and devices secure. You are responsible for activity under your account.
• A company's administrators control its users, roles, single sign-on, sources and AI models. They may add, remove or change the access of anyone in the company.
• Tell us promptly at [OWNER: security contact email] if you think an account has been compromised.

3. Plans, payment and renewal

• Prices are shown on our pricing page and at checkout, in US dollars, excluding taxes unless stated. We add sales tax, VAT or GST where the law requires it.
• Course: a one-time payment gives access for the period shown at checkout. Recertification is a yearly payment.
• App subscriptions are per seat and include usage credits. Team plans can be paid monthly or yearly. Enterprise plans are paid yearly by invoice, on the terms in the order form.
• Automatic renewal. Subscriptions renew automatically at the end of each billing period, for the same period and at the then-current price, until you cancel. Before you pay, we show the price, the billing period and that the plan renews, and we ask you to agree. For yearly plans we email or message you between 15 and 45 days before renewal with the price and how to cancel.
• Cancelling. You can cancel online at any time from Plan and billing in the app, or by contacting us. Cancelling stops the next renewal. Access continues until the end of the period you have paid for.
• Price changes apply from your next renewal. We give at least 30 days' notice.
• Credits reset each billing period and do not roll over unless your plan says so. Top-up credits expire 12 months after purchase. Credits have no cash value.
• Late payment. If a payment fails or an invoice is more than 30 days overdue, we may suspend the app after notice. Your data is kept as described in section 9.

4. Refunds

• Course: if you ask within 14 days of buying and have completed fewer than two modules, we refund you in full.
• Yearly subscriptions: if you ask within 14 days of your first yearly payment, we refund you in full. Renewals are not refundable.
• Monthly subscriptions are not refundable. You can cancel at any time and keep access until the end of the month.
• Consumers in the EU and UK buying the course have a legal 14-day right to withdraw. If you ask us to start the course straight away and acknowledge that you lose the right once you begin the digital content, the right ends when you start. Our 14-day course refund above still applies.
• Nothing in this section limits refund rights you have under the law.

5. Your data

• You own your content: deals, documents, bids, scripts, and everything you or your sources put into the app ("Customer Data").
• You give us permission to host, process and show Customer Data only to provide and support the Service for you, as described in our Data Processing Addendum and Privacy Policy.
• No training on your data. We do not use Customer Data to train AI models. We do not allow the AI providers we contract with to train on it. Where your company connects its own AI model, that provider's terms govern its use of the data you send it.
• Staff access. Our staff do not open your company's data without your administrator's approval, given for a stated reason and time window, except where the law requires it or to prevent serious harm. Every staff access is logged and shown to your administrators.
• You are responsible for having the rights and permissions to put Customer Data into the Service, including data from connected sources.

6. AI features

• Some features use AI models, either a model your company connects or a model we manage for you. AI output can be wrong or incomplete. Before you rely on it, a person should review it, especially bid responses and anything sent to a buyer.
• The app marks uncertain facts with [CONFIRM], blocks approval of drafts that still contain one, and runs models only after they pass a test. These are aids. They do not guarantee accuracy.
• If your company connects its own AI provider, you are responsible for your agreement with that provider and for what it charges you.

7. Acceptable use

Your use must follow our Acceptable Use Policy, which forms part of these terms. We may suspend access that breaks it, as described there.

8. Our property

• The Service, the Apex method materials, the course, the software and our trade marks belong to us or our licensors. Subject to these terms, we give you a limited, non-exclusive, non-transferable right to use the Service during your subscription.
• Certified learners may say they are Apex certified while their certification is current.
• If you send us feedback, we may use it without obligation to you.

9. Term, suspension and ending

• These terms apply while you use the Service. Either party may end a subscription at the end of its billing period. Either party may end it immediately if the other materially breaches these terms and does not fix the breach within 30 days of notice.
• We may suspend access immediately if needed to protect the Service, other customers or the public, or where the law requires it. We tell you why unless the law prevents us.
• Your data when you leave. For 30 days after a subscription ends you can export your Customer Data. After that we delete it from the app within 30 days. Backups expire on their normal cycle, no later than 35 days after that. Audit records we must keep are kept only as long as the law requires.

10. Warranties and disclaimers

• We will provide the Service with reasonable skill and care, and in line with our security commitments.
• Apart from that, and to the extent the law allows, the Service is provided "as is". We do not promise it will be uninterrupted or error-free, or that following the Apex method will win any particular deal.

11. Liability

• To the extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or goodwill.
• To the extent the law allows, each party's total liability under these terms is limited to the amounts you paid us in the 12 months before the event giving rise to the claim.
• These limits do not apply to your payment obligations, to a party's indemnity obligations, to breach of confidentiality, or to liability that cannot be limited by law.
• Consumers in the EU and UK keep their mandatory statutory rights.

12. Indemnities

• We will defend you against third-party claims that the Service, as we provide it, infringes their intellectual property rights, and pay resulting damages and costs finally awarded.
• You will defend us against third-party claims arising from Customer Data you put into the Service or from a breach of the Acceptable Use Policy, and pay resulting damages and costs finally awarded.
• The party seeking defence must give prompt notice, reasonable cooperation and control of the defence.

13. Confidentiality

Each party keeps the other's non-public information confidential, uses it only for this agreement, and protects it with at least reasonable care. This does not apply to information that is public, already known, independently developed, or that the law requires a party to disclose.

14. Changes to these terms

We may update these terms. For material changes we give at least 30 days' notice by email or in the app. The new terms apply from your next renewal, or sooner if you accept them. If you do not agree, you can cancel before they apply.

15. General

• Governing law: the laws of the State of California, without regard to its conflict-of-law rules. Consumers keep the protection of the mandatory laws of the country where they live.
• Courts: the state and federal courts in [OWNER: county], California, except that consumers may also bring claims in their home courts.
• Assignment: neither party may transfer these terms without the other's consent, except to a successor in a merger or sale of the business.
• Force majeure: neither party is liable for delays caused by events beyond its reasonable control.
• Export and sanctions: you will not use the Service in breach of US export or sanctions laws.
• If a provision is unenforceable, the rest of these terms stays in effect.

16. Contact

Pyke Horse Training LLC, [OWNER: postal address]. Email: [OWNER: legal contact email].