Terms of Service

01 About us

Apex-Scale is operated by Caius Seemann, based in the United Kingdom ("Apex-Scale", "we", "us", "our"). These terms govern your use of our website (apex-scale.com) and our Apex Overlay product (collectively, the "Services").

Questions? Email caius@apex-scale.com.

02 Eligibility

By using our Services you confirm that:

• You are at least 18 years old.
• You have the legal authority to enter into a binding agreement on behalf of yourself or the organisation you represent.
• Your use of the Services does not violate any applicable law in your jurisdiction.

03 The Services

Apex Overlay is a reinforcement learning optimisation layer that connects to your Instantly.ai account via API and automatically reallocates email campaign sends toward higher-performing variants using a Thompson Sampling bandit algorithm.

We provide the Services on an "as is" and "as available" basis. We are currently in early access / beta. Features, pricing, and availability may change. We will notify active users of material changes by email where reasonably practicable.

Instantly.ai is a third-party platform. Apex-Scale is not affiliated with, endorsed by, or a partner of Instantly.ai. Your use of Instantly.ai is governed by their own terms of service.

04 Account and access

• You are responsible for maintaining the confidentiality of your account credentials.
• You must not share your account with others or allow unauthorised access.
• You must notify us immediately at caius@apex-scale.com if you suspect unauthorised use of your account.
• We reserve the right to suspend or terminate accounts that violate these terms.

05 Payments and billing

Paid plans are billed as described at the point of purchase. All payments are processed by Stripe. By subscribing you authorise us to charge your payment method on a recurring basis at the applicable rate.

• Refunds: All sales are final. We do not offer refunds. By purchasing a subscription you acknowledge that you are buying a B2B software service and waive any consumer refund rights to the extent permitted by law.
• Cancellation: You may cancel at any time from your account settings. Access continues until the end of your current billing period. No credits or refunds are issued for unused time.
• Price changes: We will give at least 30 days' notice before changing subscription prices for existing customers.
• Failed payments: If payment fails, we may suspend access until payment is resolved.

All prices are exclusive of VAT and applicable taxes unless stated otherwise. UK and EU customers may be charged VAT at the applicable rate.

06 Acceptable use

You agree not to use the Services to:

• Send spam, unsolicited messages, or violate any anti-spam laws (including CAN-SPAM, CASL, and PECR).
• Send harassing, threatening, or unlawful content.
• Circumvent, reverse engineer, or attempt to extract the source code of our software.
• Resell, sublicense, or commercially exploit the Services without our written consent.
• Use the Services to violate any applicable law or third-party rights.
• Attempt to overload, disrupt, or interfere with our infrastructure.
• Use the Services in a manner that violates Instantly.ai's own terms of service.

We reserve the right to suspend or terminate access immediately if we become aware of any breach of this section.

07 Your data and campaign content

You retain full ownership of all data you bring to the Services, including your Instantly.ai or Smartlead campaign data, contact lists, and email copy. By connecting your account via API, you grant us a limited licence to access and process engagement signals (opens, clicks, replies) solely to operate the optimisation algorithm.

We process lead data temporarily for bandit optimisation only. Specifically:

• Lead data is automatically cleared when you Stop or Pause a campaign.
• Residual engagement data is deleted on a rolling 30-day cycle.
• All campaign data is permanently purged within 30 days of account closure.
• Company names are anonymised during processing. Lead PII is never stored long-term.
• API keys are encrypted at rest and in transit (AES-256).
• Your data is never shared with third parties. You control all data flows.

Your Instantly.ai or Smartlead data stays in your account” we only receive the engagement signals necessary to run allocation decisions. We do not access, copy, or retain your contact lists beyond what is required for variant assignment.

You are solely responsible for the content of your email campaigns and compliance with applicable anti-spam laws (including CAN-SPAM, CASL, and PECR) in your target jurisdiction. We are not liable for the content you send or the results of your campaigns.

08 Intellectual property

All intellectual property in the Services ” including our software, algorithms, research, branding, and website” is owned by Apex-Scale. These terms do not grant you any rights to our IP beyond a limited, non-exclusive licence to use the Services as described.

The Apex Decay Curve framework, Apex-Scale Research publications, and associated methodology are proprietary. You may reference them with attribution but may not reproduce them commercially without written permission.

09 Disclaimer of warranties

The Services are provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that:

• The Services will be uninterrupted, error-free, or secure.
• Any specific uplift, reply rate improvement, or performance outcome will be achieved. Results vary by campaign, audience, and market.
• The Services will be compatible with all third-party tools or that third-party APIs (including Instantly.ai) will remain available.

Nothing in these terms excludes liability that cannot be excluded under applicable law (including UK consumer rights law).

10 Limitation of liability

To the fullest extent permitted by applicable law, Apex-Scale's total liability to you for any claim arising from or related to these terms or the Services shall not exceed the total fees you paid to us in the 12 months preceding the claim.

We are not liable for any indirect, incidental, consequential, or punitive damages, including lost profits, lost data, or damage to reputation” even if we have been advised of the possibility of such damages.

For users in the UK and EU: nothing in this section limits our liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot be limited by law.

11 Termination

Either party may terminate these terms at any time. You may terminate by cancelling your subscription and stopping use of the Services. We may terminate or suspend your access immediately if you breach these terms, or with 30 days' notice otherwise.

Upon termination, your right to use the Services ends. We will retain your data in accordance with our Privacy Policy and applicable law.

12 Changes to these terms

We may update these terms from time to time. For material changes, we will provide at least 14 days' notice by email or prominent notice on the site. Continued use after the effective date of updated terms constitutes acceptance. If you do not accept the new terms, you must stop using the Services before the effective date.

13 Governing law and disputes

These terms are governed by the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales, except where applicable consumer protection law in your country provides for local jurisdiction.

For EU users: you may also have access to online dispute resolution through the European Commission's ODR platform at ec.europa.eu/consumers/odr.

For US users: to the extent permitted by applicable law, any dispute arising under these terms shall be resolved by binding arbitration under the rules of a mutually agreed arbitration body, except for claims that qualify for small claims court.

14 Contact