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Customer Terms

APEX Coach AI, Inc. · Version 1.0 · Last Updated: October 2026

These Customer Terms apply to any business or organization that uses APEX for its staff and athletes without a signed Organization Agreement, on a free or paid plan (the “Customer”). Customers include gyms, training facilities, clubs, teams, schools, clinics and independent coaches’ businesses. They work with the APEX Terms of Service (the “Terms”) and Privacy Policy. Capitalized words not defined here have the meaning given in the Terms.

The person who accepts these Customer Terms, whether by checking a box at checkout, accepting in the app or signing an order form, confirms that they are authorized to bind the Customer.

1. How these documents fit together

  1. If APEX and the Customer have signed a written agreement for the Services, such as a subscription agreement, order form or data privacy agreement (an “Organization Agreement”), it replaces these Customer Terms unless it expressly adopts them, and it controls over the Terms whether or not it says so.
  2. If these Customer Terms conflict with the Terms, these Customer Terms control for the Customer.
  3. The Terms govern everything else, including the Customer’s staff and athletes’ use of the Services.

For a Customer without a signed Organization Agreement, these Customer Terms serve as its Organization Agreement. A Customer that sells Programs on the Marketplace also accepts the Seller Addendum, which is part of these Customer Terms and controls on Marketplace matters.

Pre-printed terms in a purchase order, vendor form or invoice-processing portal don’t apply unless APEX agrees to them in a signed writing.

2. Plans

The Customer’s plan, its features and its price are what the Customer selected at checkout or in the app, or what an order form states (the “Plan”). Prices are set for each Customer. A Plan may be priced per Billed Athlete (Section 3), per team, as a flat fee, as a flat fee that includes a set number of Billed Athletes, or in another way the checkout, app or order form describes. Setup, program build-out and other services are provided as the order form or checkout describes.

APEX may change, add or retire features. If APEX removes a feature that is a material part of a paid Plan, the Customer may cancel and receive a prorated refund of fees it prepaid for the remainder of the current billing period.

3. How per-athlete billing works

  1. Billed Athletes. For per-athlete pricing, a “Billed Athlete” is each person with the priced feature turned on in the Customer’s account (for example, each athlete with nutrition turned on). Each person counts once across all of the Customer’s teams and groups. Staff are not counted.
  2. Minimum. A Plan may include a minimum number of Billed Athletes or a minimum monthly fee, as shown at checkout. The Customer pays at least the minimum even if it has fewer Billed Athletes.
  3. When billing starts. Billing starts when the Customer adds a payment method or when its first Billed Athlete is added, as shown at checkout.
  4. Adding athletes. When the number of Billed Athletes goes up, APEX charges a prorated amount for the rest of the current billing period. The prorated amount usually appears on the next invoice.
  5. Removing athletes. When the number goes down, the new count applies from the next billing period. APEX doesn’t credit or refund mid-period decreases.
  6. Counting. APEX checks the count at least once a day. The count APEX records is used for billing unless the Customer shows it was wrong.
  7. Before payment is set up. If a Plan requires a payment method, the Customer can’t add athletes until one is on file.

4. Payment, renewal and taxes

  1. Renewal. Plans renew automatically for successive billing periods of the same length, usually monthly, until cancelled under Section 5.

  2. Charges. The Customer authorizes APEX and its payment processor, Stripe, to charge its payment method for all fees when due. Fees are billed in advance for each period, plus prorated amounts under Section 3.

  3. Invoices. If an order form provides for invoicing, invoices are due within 30 days of the invoice date unless the order form says otherwise.

  4. Price changes. APEX may change prices with at least 30 days’ notice. A change takes effect at the start of the next billing period after the notice period ends. A price fixed in an order form applies for the term that order form states.

  5. Failed or late payment. If a payment fails or an invoice is overdue:

    • APEX may retry the charge.
    • APEX may stop the Customer from adding new Billed Athletes.
    • After giving at least 14 days’ notice, APEX may suspend paid features until the account is current.

    Suspension doesn’t delete the Customer’s data. Athletes keep access to their own accounts and the data they logged.

  6. Taxes. Fees don’t include taxes. The Customer pays any sales, use, value-added or similar taxes on its purchases, except taxes on APEX’s income. A Customer that is tax-exempt must give APEX a valid exemption certificate.

5. Cancellation and refunds

  1. Cancelling. The Customer may cancel at any time in its billing settings or by emailing hello@apexcoachai.com. Cancellation takes effect at the end of the current billing period. The Customer won’t be charged again, and paid features end when the period ends.
  2. Order form terms. A term fixed in an order form can’t be cancelled early unless the order form allows it.
  3. Refunds. Fees are non-refundable, except:
    • a billing error the Customer reports within 30 days of the charge;
    • Section 2, if APEX removes a material feature;
    • Section 9, if APEX terminates without cause;
    • where the law requires a refund.

6. The Customer’s responsibilities

  1. Staff. The Customer decides who on its staff has access. It is responsible for its staff’s use of the Services and for keeping its list of staff current.
  2. Consents and minors.
    • The Customer is responsible for obtaining the notices and consents the law requires for the people it adds to the Services, including under FERPA, COPPA and state law.
    • Before inviting anyone under 18, the Customer must have consent from that person’s parent or guardian. A school may rely on its own consent processes as the law allows.
    • The Customer won’t invite or add anyone under 13.
  3. Parent and guardian contacts.
    • If the Customer adds a parent’s or guardian’s contact details, it confirms it has permission to contact them about the athlete. For an athlete 18 or older, it does so only with the athlete’s permission.
    • It uses those contacts only for the athlete’s training, progress and safety.
    • It stops sending to anyone who asks.
  4. The Customer’s own services.
    • Training, coaching, nutrition guidance, classes, testing and other services the Customer provides to its athletes or clients are the Customer’s own.
    • The Customer is responsible for supervising them and for its own waivers, insurance, licenses and permits.
    • It is also responsible for its own terms, prices and refund policies with its clients.
    • APEX is not a party to the Customer’s relationship with its clients.
  5. Professional scope. The Customer makes sure that individualized calorie or macro targets and meal plans are set only by someone qualified to set them under applicable law, or are approved by the Customer’s registered dietitian.
  6. Devices and integrations. If the Customer connects a third-party device or service, it confirms it is authorized to do so. It is responsible for its agreement with that provider.
  7. Accuracy. The Customer keeps its account, billing and contact information accurate.

7. Data

  1. Ownership. As between APEX and the Customer, the Customer owns the data its staff enter into the Services for the Customer, such as rosters, programs, test results and notes (“Customer Data”). Athletes keep ownership of what they log in their own accounts, as the Terms describe.
  2. APEX’s role. APEX processes Customer Data to provide the Services to the Customer, as a service provider and as the Privacy Policy describes. APEX doesn’t sell Customer Data or use it for advertising.
  3. Aggregated data. APEX may use aggregated and de-identified data as the Terms and Privacy Policy describe. The Customer may ask in writing to be excluded.
  4. Export and deletion.
    • The Customer may export Customer Data during its Plan and for 30 days after it ends.
    • At any time during or after its Plan, the Customer may ask in writing for Customer Data to be deleted, and APEX deletes it within 30 days unless the law requires APEX to keep it. Without a request, APEX keeps Customer Data as the Privacy Policy describes.
    • Athletes’ own accounts and the data they logged remain with the athletes.
  5. Security incidents. APEX will notify the Customer without undue delay after confirming a security incident that affects Customer Data, as the law requires.

8. Publicity

APEX will name the Customer or use its logo in marketing only with the Customer’s permission. The Customer may withdraw permission for future use at any time.

9. Term, suspension and termination

  1. Term. These Customer Terms apply while the Customer has a Plan and for as long as needed to complete Sections 4, 5, 7 and 10.
  2. APEX may suspend or terminate the Customer’s Plan if the Customer materially breaches these Customer Terms or the Terms and doesn’t fix the breach within 14 days after notice. APEX may act immediately to prevent harm to people, the Services or other customers.
  3. Termination without cause. APEX may end a Plan without cause on 30 days’ notice and will refund fees prepaid for any period after the end date.

10. Liability and indemnity

  1. Limits. Sections 12 and 13 of the Terms apply to the Customer, except that APEX’s total liability to the Customer for all claims is limited to the fees the Customer paid in the 12 months before the event giving rise to the claim.
  2. The Customer’s indemnity. The Customer will defend and indemnify APEX against third-party claims arising from:
    • (a) the Customer’s services to its athletes or clients, including claims of injury;
    • (b) Customer Data, or the Customer’s failure to obtain required consents;
    • (c) the Customer’s breach of these Customer Terms or of the law.
  3. APEX’s indemnity. APEX will defend and indemnify the Customer against third-party claims that the Services, as provided by APEX, infringe a United States patent, copyright or trademark. This doesn’t cover claims arising from Customer Data, third-party products, or combinations or modifications APEX didn’t make. If such a claim is made, APEX may modify the Services, get the right for the Customer to keep using them, or end the Plan and refund prepaid fees for the remaining period.
  4. Procedure. The party seeking indemnity gives prompt notice and reasonable cooperation, and the indemnifying party controls the defense. Neither party settles a claim that imposes obligations on the other without its consent.

11. Disputes

Section 17 (Dispute Resolution and Arbitration), Section 18 (Governing Law and Venue) and Section 19 (Time Limit for Claims) of the Terms apply to disputes under these Customer Terms. If the Customer isn’t an individual, the JAMS Consumer Arbitration Minimum Standards don’t apply, and arbitration fees follow the JAMS rules instead of Section 17.C.

12. Public institutions

If the Customer is a public school, college, university or other government entity, Section 20 (Public Institutions) of the Terms applies. Section 10.2 and Section 11 of these Customer Terms don’t apply to it.

13. Changes

APEX may update these Customer Terms with at least 30 days’ notice by email or in the app. Changes take effect at the start of the Customer’s next billing period after the notice period ends. A change doesn’t alter the terms of an order form already in effect.

14. Contact

APEX Coach AI, Inc. · 2930 B Street · San Diego, CA 92102 · hello@apexcoachai.com

Customer Terms | APEX Coach AI