Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Apexly. The terms “we,” “us,” and “our” refer to Apexly. Apexly operates this store and website, including all related information, content, features, tools, products, and services (collectively, the “Services”) to provide you with a curated shopping experience.
Apexly is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (“Terms”), together with any policies referenced herein, describe your rights and responsibilities when you access or use the Services.
Please read these Terms carefully, as they include important information regarding warranty disclaimers, limitations of liability, and your legal rights.
By visiting, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the Services.
SECTION 1 – ACCESS AND ACCOUNT
By using the Services, you represent that you are at least the age of majority in your state or province of residence, or that you have obtained consent from a legal guardian.
To access certain features or make purchases, you may be required to provide information such as your email address, billing details, payment information, and shipping address. You represent and warrant that all information provided is accurate, current, and complete.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Accounts may not be transferred, sold, or assigned to another person.
SECTION 2 – OUR PRODUCTS
We make every effort to display our products accurately; however, product colors, packaging, branding, or appearance may vary depending on your device settings, display, or fulfillment source.
We do not warrant that product appearance or quality will meet your expectations or exactly match images displayed in our online stores.
All product descriptions, availability, and pricing are subject to change without notice. We reserve the right to discontinue any product or limit quantities offered on a case-by-case basis.
SECTION 3 – ORDERS
Placing an order constitutes an offer to purchase. Apexly reserves the right to accept or decline any order at our discretion. An order is not accepted until payment has been successfully processed and confirmation is issued.
Please review your order carefully before submitting. Once accepted, orders may not be canceled or modified.
If an order is canceled or modified, we will attempt to notify you using the contact information provided at checkout.
All purchases are subject to our Refund Policy. Products are intended for personal or household use only and may not be resold or exported for commercial purposes.
SECTION 4 – PRICES AND BILLING
Prices are subject to change without notice. The price charged will be the price in effect at the time of order confirmation.
Prices do not include taxes, shipping, handling, customs duties, or import fees unless explicitly stated.
You agree to provide accurate payment information and authorize us to charge your selected payment method for all purchases and applicable fees.
SECTION 5 – SHIPPING AND DELIVERY
Shipping and delivery timeframes provided at checkout or elsewhere on the Services are estimates only and are not guaranteed.
Apexly is not responsible for delays caused by shipping carriers, customs processing, weather conditions, address errors, or other circumstances beyond our control.
Once an order is transferred to the carrier, title and risk of loss pass to you. Tracking information will be provided when available; however, tracking updates may be delayed as carriers process shipments.
By placing an order, you acknowledge and accept these shipping terms.
SECTION 6 – INTELLECTUAL PROPERTY
All content included in the Services—including text, images, graphics, logos, videos, audio, and design—is owned by Apexly or its licensors and is protected by intellectual property laws.
You may use the Services for personal, non-commercial use only. Unauthorized use of the Services or content is prohibited.
Apexly trademarks may not be used without prior written consent. Shopify trademarks remain the property of Shopify.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools offered “as is” and “as available.” We do not control or endorse these tools and are not responsible for any damages resulting from their use.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of third-party sites. Accessing them is at your own risk.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Apexly is powered by Shopify. All sales are made directly between you and Apexly. Shopify is not responsible for any aspect of transactions conducted through our store.
You expressly release Shopify and its affiliates from all claims related to purchases made through Apexly.
SECTION 10 – PRIVACY POLICY
Your use of the Services is subject to our Privacy Policy and Shopify’s Privacy Policy. By using the Services, you acknowledge that your data may be processed and stored by Shopify and its service providers.
SECTION 11 – FEEDBACK
Any feedback, reviews, or suggestions you submit grant Apexly a perpetual, royalty-free license to use such content for any lawful purpose.
SECTION 12 – ERRORS AND OMISSIONS
We reserve the right to correct errors or inaccuracies and to cancel orders if information is inaccurate at any time.
SECTION 13 – PROHIBITED USES
You agree not to misuse the Services, violate laws, infringe intellectual property rights, transmit malicious code, or engage in harmful conduct.
SECTION 14 – TERMINATION
We may terminate access to the Services at any time without notice. Obligations incurred prior to termination will survive.
SECTION 15 – DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, APEXLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Apexly, Shopify, and their affiliates from claims arising from your use of the Services or violation of these Terms.
SECTION 18 – SEVERABILITY
If any provision is found unenforceable, the remaining provisions shall remain in effect.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Apexly regarding use of the Services.
SECTION 20 – ASSIGNMENT
You may not assign these Terms without our consent. We may assign our rights without notice.
SECTION 21 – GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. You consent to exclusive jurisdiction and venue in Texas courts.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS
We may update these Terms at any time by posting changes on our website. Continued use constitutes acceptance.
SECTION 24 – CONTACT INFORMATION
Questions about these Terms should be sent to: