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[01] Terms of Service

Terms of Service

Last updated: May 25, 2026

These Terms of Service ("Terms") govern your use of Apex Reserve Studio (the "Service"), operated by Apex Reserve Group, LLC ("Apex," "we," "us"). By creating an account or using the Service, you agree to these Terms. If you are agreeing on behalf of a firm or organization, you confirm you have authority to bind that entity, and "you" refers to both you personally and the entity.

01The Service

Apex Reserve Studio is software for reserve specialists serving homeowners associations and community associations. The Service includes the reserve-study engine, state-compliance modules, PDF report generator, and the supporting tools described on our marketing pages.

We are continually improving the Service. Features may be added, modified, or removed. We will give you reasonable notice of material changes that significantly affect functionality.

The Service is a computational tool. The output — including reserve-study calculations, PDF reports, and compliance disclosures — is a computational result based on the data you provide and the methodologies the engine implements.

You are responsible for reviewing, validating, and signing off on the final reserve study before delivering it to any client or board. The Service does not replace the professional judgment of a credentialed reserve specialist.

02Compliance modules

Apex includes compliance modules for sixteen state jurisdictions, with citations to current statutes such as California Civil Code §5570 and Florida Statutes §718.112(2)(g). We make reasonable efforts to keep these modules current, but:

03Your account and data

You are responsible for keeping your account credentials secure and for all activity under your account. Notify us immediately at sales@apexreservestudio.com if you suspect unauthorized access.

Your reserve-study data — property details, components, financials, projects, PDFs — is your data. We do not claim ownership. You grant us a limited license to host, process, and display your data solely to provide the Service to you.

You retain ownership of any custom branding (logos, colors) you upload to the Service.

04Acceptable use

You agree not to:

05Pricing, payment, and refunds

The prices published on our pricing page apply at the time you subscribe. Payment is processed by Stripe; we do not store your full credit card information.

We charge in advance. Payment is due on the same calendar day each month or year, depending on your billing period.

7-day refund window

If you cancel within seven calendar days of your initial purchase, we will issue a full refund. Email sales@apexreservestudio.com to request a refund.

After seven days, all payments are non-refundable. You may cancel at any time to stop future renewals; cancellation takes effect at the end of your current billing period and you retain access until then.

Failed payments

If a payment fails, we may suspend write access to your account while keeping read access available so you can update your billing information. We will attempt to recharge the card on file. If payment cannot be collected after reasonable retries, we may cancel your subscription.

06Property overage billing

If the number of active properties in your account exceeds your subscription tier's included limit, additional properties are billed at the published per-property overage rate. Overage charges appear on your next renewal invoice. Property deletions do not generate mid-cycle refunds; the overage rate is calculated based on your current property count at billing time.

07Service availability

We work to keep the Service running reliably, but we do not promise any specific uptime or availability for Starter, Solo, Studio, or Firm plans. Enterprise customers may negotiate a Service Level Agreement (SLA) as part of their contract.

We may schedule maintenance, deploy updates, or take the Service offline temporarily. We try to do this during off-peak hours.

We are not liable for outages caused by third-party services (including Stripe, Supabase, Vercel, Resend, or your internet provider) or events outside our reasonable control, including but not limited to natural disasters, government actions, network failures, or other force-majeure events.

08Intellectual property

The Service — including the engine, source code, designs, documentation, and brand — is owned by Apex Reserve Group, LLC and protected by intellectual property law. You do not acquire any ownership of the Service by using it.

You grant us permission to use anonymized, aggregated usage data (data that does not identify you, your firm, your clients, or your reserve studies) to improve the Service.

09Termination

You may cancel your subscription at any time through the customer portal.

We may suspend or terminate your account if:

If we terminate your account for cause, we are not obligated to refund any prepaid fees. If we terminate without cause (for example, if we discontinue the Service), we will refund any prepaid fees for the unused portion of your billing period.

Upon termination, you can download your data for 90 days. After that, your data will be deleted in accordance with our Privacy Policy.

10Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE RESULTS OBTAINED FROM USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

The output of the Service is a computational tool only. It does not constitute legal, financial, accounting, investment, or engineering advice. Consult appropriate qualified professionals for any reliance on the output beyond its use as an internal modeling tool.

11Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APEX RESERVE GROUP, LLC (OR ITS OFFICERS, MEMBERS, EMPLOYEES, OR AGENTS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you in full.

12Indemnification

You agree to defend, indemnify, and hold harmless Apex Reserve Group, LLC and its officers, members, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

13Dispute resolution and governing law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law principles.

Any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures, in San Francisco, California. Each party waives any right to a jury trial.

YOU AND APEX EACH WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE ACTION RELATING TO THE SERVICE. ARBITRATIONS PROCEED ON AN INDIVIDUAL BASIS ONLY.

Notwithstanding the above, either party may seek injunctive relief in a court of competent jurisdiction in San Francisco, California for unauthorized use, infringement of intellectual property, or breach of confidentiality.

14Changes to these Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top. For material changes, we will notify active users by email at least 30 days before the change takes effect. Continued use of the Service after the change takes effect constitutes acceptance of the updated Terms.

15Miscellaneous

These Terms (together with our Privacy Policy and any order forms or supplemental agreements) constitute the entire agreement between you and us regarding the Service. They supersede any prior agreements on the same subject.

If any provision of these Terms is held unenforceable, the remaining provisions will continue in full effect. Our failure to enforce any provision is not a waiver of that provision.

You may not assign or transfer your rights under these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Contact

Questions about these Terms?

Apex Reserve Group, LLC

legal@apexreservestudio.com

For billing or refund requests: sales@apexreservestudio.com