Terms and Conditions
Last Updated: May 7, 2026These Terms and Conditions ("Terms") are a legally binding agreement between you and Baiano Co. LLC ("Company," "we," "us," or "our") governing access to and use of the Apex mobile application and related services (collectively, the "Service").BY ACCESSING OR USING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.1. Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction, and legally capable of entering a binding agreement to use the Service.2. Informational Use Only; No Medical Advice
The Service provides general appearance and self-improvement information only.
- The Service is not medical, psychiatric, psychological, dermatological, or dental advice.
- The Service does not diagnose, prevent, or treat any condition.
- You are solely responsible for any decisions or actions you take based on Service outputs.
Always consult qualified professionals for medical or health-related concerns.3. Accounts and Security
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to provide accurate information and to notify us promptly of any unauthorized account use.4. User Content and License
"User Content" includes all content you submit, upload, transmit, or otherwise make available through the Service, including photos, text, and responses.You retain ownership of User Content. You grant Baiano Co. LLC a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, process, adapt, modify, display, and use User Content as necessary to operate, secure, maintain, improve, and enforce the Service and these Terms.You represent and warrant that:
- you own or control all rights needed to provide User Content;
- your User Content does not violate law or third-party rights;
- your User Content is not unlawful, abusive, infringing, deceptive, or harmful.5. AI/Automated Output Disclaimer
The Service may use automated systems and third-party AI providers. You acknowledge and agree that:
- outputs may be inaccurate, incomplete, inconsistent, or inappropriate;
- outputs are provided "as is" for informational purposes;
- you will independently evaluate any output before relying on it.6. Prohibited Uses
You agree not to:
- violate any law, regulation, or third-party right;
- upload unlawful, infringing, or abusive content;
- reverse engineer, scrape, copy, frame, mirror, or exploit the Service;
- bypass paywalls, security controls, or usage limits;
- interfere with Service operation or infrastructure;
- use the Service to build competing products through unauthorized extraction or model training.7. Subscriptions, Billing, and Payments
Certain features may require paid access or subscriptions.
- Billing may be handled by Apple App Store, Google Play, and/or integrated paywall providers.
- Prices, trial eligibility, and feature availability may change at any time.
- Renewals, cancellations, and refunds are governed by the platform through which you purchased, subject to applicable law.
- We may suspend or limit access for failed payments, chargebacks, abuse, or policy violations.8. Third-Party Services
The Service may depend on third-party services and infrastructure. Baiano Co. LLC is not responsible for third-party services, outages, policies, or acts. Your use of third-party services is governed by those third parties' terms.9. Intellectual Property
Except for User Content, all content, software, code, interfaces, designs, trademarks, logos, and technology in the Service are owned by or licensed to Baiano Co. LLC and are protected by intellectual property laws. No rights are granted except as expressly stated in these Terms.10. Feedback
If you provide suggestions or feedback, you grant Baiano Co. LLC a perpetual, irrevocable, worldwide, royalty-free right to use, modify, and exploit that feedback for any purpose without compensation or obligation.11. Privacy
Your use of the Service is also governed by the Privacy Policy of Baiano Co. LLC, which is incorporated by reference into these Terms.12. Suspension and Termination
We may suspend, restrict, or terminate access to the Service at any time, with or without notice, for any reason, including suspected abuse, legal risk, nonpayment, or violation of these Terms. We are not liable for such actions to the maximum extent permitted by law.13. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR RELIABILITY.14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- BAIANO CO. LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND LICENSORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY.
- OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO BAIANO CO. LLC FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) USD $100.
- THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.15. Indemnification
You agree to defend, indemnify, and hold harmless Baiano Co. LLC and its affiliates, officers, directors, employees, contractors, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- your use or misuse of the Service;
- your User Content;
- your violation of these Terms;
- your violation of any law or third-party rights.16. Dispute Resolution; Arbitration; Class Action Waiver16.1 Informal Resolution
Before filing a claim, you agree to first contact [email protected] and attempt informal resolution for at least 30 days.16.2 Binding Arbitration
Except where prohibited by law, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable rules.16.3 Class Action Waiver
YOU AND BAIANO CO. LLC AGREE THAT ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.16.4 Venue for Non-Arbitrable Matters
If a claim is found non-arbitrable, exclusive jurisdiction and venue shall lie in the state or federal courts located in Wilmington, Delaware, and each party consents to personal jurisdiction there.16.5 Injunctive Relief Exception
Either party may seek injunctive or equitable relief in a court of competent jurisdiction for misuse of intellectual property, unauthorized access, or security violations.17. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.18. Force Majeure
Baiano Co. LLC is not liable for delays or failures caused by events beyond reasonable control, including internet or infrastructure outages, cyberattacks, labor disputes, natural disasters, governmental actions, and third-party service disruptions.19. Export and Sanctions Compliance
You represent that you are not located in, under control of, or a national/resident of any sanctioned jurisdiction, and are not listed on any restricted party list. You may not use the Service in violation of export control or sanctions laws.20. Changes to Terms
We may modify these Terms at any time. Updated Terms become effective upon posting unless a later date is stated. Continued use after changes constitutes acceptance of the revised Terms.21. Assignment
You may not assign these Terms without prior written consent from Baiano Co. LLC. We may assign these Terms freely, including in connection with merger, acquisition, financing, reorganization, or sale of assets.22. Entire Agreement; Severability; No Waiver
These Terms and the Privacy Policy constitute the entire agreement between you and Baiano Co. LLC regarding the Service and supersede prior understandings on the same subject.
If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.
Failure to enforce any provision is not a waiver.23. Contact
Baiano Co. LLC
Email: [email protected]