These Terms of Service govern use of the Modern Apex Strategies, LLC ("Modern Apex," "we," "us," or "our") website and client portal, and describe the framework for our business services.
By using our website or portal, you agree to these terms to the extent permitted by applicable law. If you use them for a business, you represent that you have authority to act for that business. If you do not agree, do not use the website or portal.
1. Scope and your service agreement
These terms apply to modernapexstrategies.com and our client portal at app.modernapexstrategies.com. Our services may include Google Ads management, website design and development, search optimization, analytics and reporting, custom software, and related consulting.
A signed service agreement, accepted proposal, statement of work, or other written agreement with you controls the commercial engagement. That agreement governs its scope, fees, billing, initial term, renewal, cancellation, deliverables, ownership, warranties, and any agreed liability limits. If it conflicts with these website terms, the specific agreement controls. These website terms do not amend an existing client agreement.
Browsing the website, booking a free call, or submitting a questionnaire does not create a paid engagement, reserve advertising spend, or authorize recurring charges. Paid work begins under an agreed scope and payment arrangement.
2. Eligibility and account access
You must be an adult with authority to enter an agreement to purchase services. Portal access is limited to authorized clients and their authorized users. Keep access credentials private, provide accurate contact information, and tell us promptly about suspected unauthorized access. You are responsible for activity you authorize through your account.
We may restrict access reasonably necessary to protect accounts, investigate misuse, or comply with law. Suspension or termination of paid services remains subject to the applicable service agreement and law.
3. Working together
You are responsible for supplying accurate business information, securing permission to use materials you provide, and giving the access and approvals needed for the agreed work. This includes appropriate permission to use customer information, testimonials, images, trademarks, advertising claims, and connected accounts.
You remain responsible for the legality of your business, products and services, required licenses, fulfillment of customer requests, and compliance obligations specific to your industry. We remain responsible for our own obligations under applicable law and our agreement. Delays in content, access, decisions, or approvals may affect delivery schedules.
We may use third-party tools and AI-assisted workflows in delivering services. Their use does not expand the agreed scope or remove confidentiality, privacy, or other obligations that apply to the engagement.
4. Fees, advertising spend, and cancellation
Prices and payment schedules are established in your written agreement. Agency fees and advertising-platform spend are separate unless the agreement expressly says otherwise. You are responsible for the advertising budget and third-party charges you authorize.
Any initial commitment, renewal, cancellation notice, refund, credit, or early termination obligation is governed by the applicable agreement and law. A public pricing example or service description does not replace your agreed terms. These website terms do not create an additional cancellation charge, automatic renewal, or nonrefundable payment requirement.
Contact nick@modernapexstrategies.com with billing or cancellation questions, and use any notice method required by your agreement.
5. Performance and third-party platforms
Marketing performance depends on factors including competition, budget, demand, seasonality, your offer, response to inquiries, and third-party systems. We do not guarantee a particular search ranking, ad placement, lead volume, customer acquisition cost, revenue, or return on investment unless expressly promised in a signed agreement.
Case studies, testimonials, historical results, and calculators describe particular experiences or illustrative scenarios. They are not a guarantee of your future results. Analytics and attribution may be delayed, incomplete, modeled, or affected by consent settings and platform limitations; a tracked inquiry is not necessarily a sale.
Google, Meta, hosting services, payment providers, and other platforms control their own products, policies, approvals, and availability. We cannot guarantee their uptime, account approval, continued features, or decisions. Those services are also subject to their own terms.
6. Ownership and permitted use
You retain ownership of your preexisting business materials and accounts. Working with us does not transfer ownership of your advertising account to Modern Apex. You grant us the permissions reasonably needed to use materials and accounts you authorize for the agreed services.
Ownership and licensing of project deliverables are determined by your service agreement. Preexisting agency tools, reusable components, and third-party materials remain subject to their respective ownership and license terms.
Our public website's text, graphics, branding, software, and other content belong to Modern Apex or the relevant rights holders. You may view and use the website for your own lawful business evaluation. You may not reproduce, resell, or commercially exploit its protected content without permission, except as permitted by law. Merely submitting an inquiry does not authorize us to use your name or logo in a public endorsement.
7. Acceptable use
Do not use our website or portal to violate law or another person's rights, upload malicious code, submit deceptive information, impersonate another person, access someone else's account, evade security controls, or interfere with the service. Automated access must not bypass access restrictions or impose an unreasonable load.
Do not submit confidential or sensitive information through a general public form when the agreed service does not require it. Contact us to arrange an appropriate way to transfer required project information.
8. Privacy and communications
Our Privacy Policy describes how we handle personal information and how to make a privacy request. You can manage the marketing website's measurement tags under Privacy choices.
We may communicate about your inquiry, meetings, account, project, or billing using the contact details you provide. Acceptance of these terms does not constitute consent to automated promotional calls or texts. Any legally required marketing consent is obtained separately, and consent to promotional messages is not a condition of purchasing services.
For text messages, message frequency varies, and message and data rates may apply. Reply STOP to stop texts or HELP for assistance, or email us at nick@modernapexstrategies.com. Carriers and communications providers may delay or fail to deliver messages.
9. Website availability and disclaimers
The public website, educational resources, and planning tools are provided on an "as is" and "as available" basis. To the extent permitted by law, we disclaim implied warranties for those website resources, including merchantability, fitness for a particular purpose, and noninfringement. We do not promise that the website will be uninterrupted, error-free, or suitable for every purpose.
General website content is not legal, tax, financial, or other regulated professional advice. Have the relevant professional evaluate requirements specific to your business. These website disclaimers do not override express commitments in a service agreement or rights that cannot lawfully be excluded.
10. Liability
To the extent permitted by law, Modern Apex will not be liable for indirect, incidental, special, consequential, or punitive damages arising from use of the public website or its general educational tools, including loss of profits, business opportunities, or data.
Liability relating to paid services is governed by the applicable service agreement and law. Nothing in these terms excludes or limits liability for fraud, willful misconduct, or other liability that cannot legally be excluded or limited. Applicable consumer rights remain in effect.
11. Governing law and resolving issues
Michigan law governs these website terms, without regard to its conflict-of-law rules, except where applicable law requires otherwise. A different governing-law or dispute-resolution provision in your service agreement controls that engagement.
Please contact us first with an issue so we can try to resolve it. This request does not prevent you from exercising legal rights, contacting a regulator, or using a court or process available under applicable law. These website terms do not impose mandatory arbitration or a class-action waiver.
12. Updates and general terms
We may update these terms by publishing a revised version and effective date. Changes apply prospectively. Material changes will receive additional notice or acceptance where required by law. Changes to paid service agreements must follow the amendment provisions of those agreements.
If a provision is unenforceable, the remaining provisions continue to apply to the extent permitted by law. Failure to enforce a provision is not a waiver of the right to enforce it later.
13. Contact us
Modern Apex Strategies, LLC
Michigan, United States
Email: nick@modernapexstrategies.com
Phone: (734) 215-7506