1. Introduction
These Terms of Service (the "Terms") govern access to and use of APEX (the "Service"), an application that assists with investment decision-making with the support of artificial intelligence and includes a specific mode for trading. By creating an account or using APEX in any way, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Service.
Owner and party responsible for the Service: Nicolás Díaz. Address declared by the owner: Lima, Peru. Contact for questions and notices: apextrading@outlook.es.
2. Definitions
For the purposes of these Terms: "User" is any person who creates an account or uses APEX; "Account" is the profile associated with the email address or provider (Google) the User signs up with; "Content" is any information, text, image or data the User uploads or records in the Service; "Analysis" is the evaluation generated by the APEX artificial intelligence assistant from the information the User provides.
3. Description of the APEX service
APEX offers tools to help you review your trading decisions before and after executing them, including: an artificial-intelligence-based decision analyzer that evaluates whether a trade appears to follow a defined strategy or an impulsive reaction, and a trade log (Trade Tracker) where you can document your trades, your entry/exit levels and the result obtained.
APEX does not execute trades or move funds. If you connect an account through SnapTrade, you authorize a read-only connection to sync and store available account, position and activity/transaction metadata. APEX may use that information to display and analyze your history. Disconnect the integration from APEX or SnapTrade when appropriate; see the Broker integration notice.
4. Creating and using accounts
To use APEX you must create an account with an email address and password, or through an external authentication provider (currently Google). You are responsible for providing truthful information when signing up and for keeping your access credentials confidential.
You must be at least 16 years old to create an account or use APEX. Creating more than one account per person or sharing your account with third parties is not allowed. APEX does not request a date of birth or identity documents as an age-verification mechanism; age confirmation is a statement made by the user. If you are under 16, do not use the Service.
5. User responsibilities
As an APEX User, you agree to: provide accurate information when signing up and using the Service; keep your password secure and notify us of any unauthorized use of your account; use the Service only for lawful purposes; and take sole responsibility for your financial decisions, including those made after receiving an APEX Analysis.
6. Permitted use of the platform
You may not: attempt to breach the security of the Service; decompile or reverse engineer APEX, except to the extent that applicable law mandatorily allows it (for example, to achieve interoperability); use the Service for illegal or fraudulent activities or activities that infringe the rights of third parties; deliberately overload the Service's infrastructure (for example, through automated scraping or mass requests); or resell, sublicense or redistribute access to APEX without prior written authorization.
7. Analysis and decision support
APEX analyzes a decision or asset you provide using your information, available context and AI models. The result may be specific to the asset or situation and may include a verdict, scenarios, levels or suggested steps. APEX presents the feature as decision support; that alone does not determine whether the service constitutes advice, a personalized recommendation or another regulated activity under applicable law. That classification and any availability limits require priority review by financial counsel for the target markets. APEX does not send orders or move funds. No fiduciary, advisory or agency relationship is intended to be created, except for mandatory rights or obligations established by law.
8. APEX does not guarantee financial results
APEX does not guarantee, promise or ensure profits, returns or any specific financial result. Its Analyses may refer to a specific asset or decision and include a generated assessment, scenarios or levels; they may contain errors, inaccuracies, delayed data or model limitations. They do not replace a professional suitability assessment or individual advice. The legal classification of the content depends on how it works, how it is presented, its context and the jurisdiction, and requires review by counsel; it is not determined by this text.
9. Trading risks
Trading financial instruments, including cryptocurrencies, currencies and other assets, carries a significant risk of loss and is not suitable for everyone. Past results do not guarantee future results. Before trading with real capital, it is your responsibility to understand the risks involved and, if you consider it necessary, to consult an independent financial professional.
10. Limitations of liability
APEX does not guarantee returns, future prices or that a generated analysis is accurate or suitable for an individual situation. Results should be checked against their sources and current information; investing may involve losing part or all of your capital. The decision to invest belongs to the user, without this shifting to the user responsibility for the provider's acts or omissions. Nothing in these Terms excludes or limits liability for willful misconduct or negligence, nor legal warranties, consumer rights, data protection obligations or other liabilities that the law does not allow to be excluded. APEX does not execute trades on the user's behalf; the available broker connections are read-only.
11. Free plan and free features
APEX offers a free plan ("Free") that includes a limited number of daily analyses, basic access to the AI coach, limited trade and analysis history, and a maximum of one active trade at a time in the Trade Tracker. The specific limits of the Free plan may be adjusted over time; we will notify you by reasonable means when a significant change occurs.
12. Pro plan and paid features
APEX does not currently have a paid plan enabled. References to Pro and Max that may appear in the interface correspond to internal or test features and do not constitute a commercial offer or a commitment regarding availability, price or conditions.
13. Payments and subscriptions
No payments, subscriptions, card charges or payment provider are enabled at this stage. Nor is there currently an applicable refund policy or a payment webhook process for users. Before any charge, APEX will update these Terms with the provider, price, currency, frequency, renewal, cancellation, refunds and other applicable conditions.
14. Cancellations
There are currently no active subscriptions, cancellations or refunds to manage. If APEX enables charges, it will publish the applicable cancellation and refund conditions in advance.
15. APEX intellectual property
APEX and all the original material it consists of are works protected by copyright law and other intellectual property rules. In particular, and without the list being exhaustive, the following belong to APEX or to whomever it designates:
- The software: the source and object code of the web application, the API, the APEX Copilot extension, the analysis and learning engines, and internal tools.
- Distinctive signs: the name "APEX", its logo and other elements of visual identity. APEX does not state that these signs are registered as a trademark; their protection is invoked without prejudice to the rights of third parties over identical or similar signs.
- The design and interface: the structure, layout, visual system, user flows and experience of the application.
- Original content: the product texts, the educational content of APEX Learning and the other materials written by APEX.
- The documentation and support materials prepared by APEX.
You are not granted any ownership right over the Service merely by using it. You are granted only a limited, personal, revocable, non-exclusive and non-transferable license to use APEX in accordance with these Terms and while they remain in force.
Except with prior written authorization, and subject to what the law mandatorily allows, you may not: copy, reproduce or store APEX material; distribute, publish, sublicense or resell it, or assign access to the Service; create derivative works or adaptations; reverse engineer it (see section 6); systematically or automatically extract the content, data or Analyses of the Service; use APEX material to train or evaluate third-party models; or use it to develop a substantially competing product or service.
None of the above restricts normal use of the Service for your own benefit, the use of your own Content, or acts that applicable law mandatorily authorizes (for example, quotation, private copying or interoperability).
16. Third-party content and materials
APEX incorporates and uses components, services and content that do not belong to it and that remain the property of their respective owners, subject to their own licenses and conditions. These include: third-party software libraries under open licenses; typefaces licensed under the SIL Open Font License; artificial intelligence models operated by their providers; and market data, news, headlines and images from external sources.
When APEX displays a news item, it identifies the originating outlet and links to its publication. That headline, that summary and that image belong to the outlet that published them and APEX does not present them as its own. Third-party trademarks that appear in the application belong to their owners and are mentioned for reference only, without implying any relationship, endorsement, sponsorship or association.
The limited license in section 15 does not extend to these third-party materials: their use is governed by each owner's conditions.
17. Content generated by APEX
The Analyses, texts and suggestions produced by the APEX artificial intelligence assistant are generated automatically by combining the information you provide, APEX technology (instructions, context and processing) and an artificial intelligence model operated by an external provider.
You may freely use, for your own purposes, the Analysis APEX generates about your trades and your history. APEX retains ownership of its technology —the software, system instructions, the analysis engine and the presentation of results—, but does not claim to own the third-party artificial intelligence models involved, nor does it automatically claim exclusive ownership of all generated text: the legal regime for outputs produced by artificial intelligence systems varies by jurisdiction and also depends on the model provider's conditions.
The same or an equivalent Analysis may be generated for another user in similar circumstances. This content does not guarantee results; section 10 applies without excluding the provider's legal liabilities.
18. Your content
The Content you enter in APEX —your trades, levels, notes, theses, screenshots, support messages and other information you provide— remains yours. APEX does not claim ownership of it.
To provide the Service we need a minimal, limited license: by using APEX you authorize us to host, store, copy (for backup purposes), process and display your Content to you, and to send it to the providers strictly necessary to generate your Analysis, for the sole purpose of operating, maintaining and protecting the Service and offering you its features (including your history and the signals APEX calculates about your own activity). This license is non-exclusive, free of charge and limited to those purposes, and it ends when you delete the Content or your account, except for residual backup copies that are deleted in the usual cycles or what we must keep under a legal obligation.
APEX does not publish your Content or use it for promotional purposes. Any use of that kind requires a voluntary and separate act on your part:
- Shared analyses: when you voluntarily enable a link, whoever receives it will be able to view the published result and its metadata. Review the report before sharing it: the AI text may contain information you provided. You can disable the link; this prevents future views from APEX, but does not delete copies, images or files already obtained by recipients.
- Reviews and testimonials: if you decide to submit a review for publication, you authorize us to display it within APEX and in its presentation materials, together with the name or alias you indicated. You can ask us at any time to stop publishing it by writing to the contact email; we will remove it within a reasonable time.
- Improving the Service: APEX may analyze usage activity in aggregate or de-identified form to improve the product. When that processing involves personal data, it is governed by the Privacy Policy.
You are responsible for having the necessary rights over the Content you upload; in particular, you must not upload third-party screenshots, images or texts that you are not authorized to use.
19. Privacy
The processing of your personal data is governed by our Privacy Policy, which forms an integral part of these Terms and which we recommend you read carefully.
20. Changes to the service
We may modify, add, temporarily suspend or discontinue features of the Service at any time, in order to improve APEX or for technical, legal or business reasons. We will try to give reasonable advance notice of changes that significantly affect your use of the Service.
21. Changes to the terms
We may update these Terms from time to time. When the change is significant, we will notify you by reasonable means (for example, within the application or by email) before it takes effect. When a new acceptance is required, APEX will request it expressly and will record the version of each document; it will not treat continued use as acceptance of a document that was not shown.
22. Suspension or termination of accounts
We may suspend or terminate your account if you breach these Terms, if we detect fraudulent or abusive activity, or if applicable law requires it. You may also request the closure of your account at any time, as described in the "Account/data deletion" section of the Privacy Policy.
23. Governing law
These Terms are governed by the laws of the Republic of Peru. Disputes are submitted to the competent courts of Lima, Peru, only where the law allows this choice. Mandatory rules, access to the competent authorities and consumer rights are preserved, including the venues that correspond to consumers by their domicile; no arbitration is imposed and there is no waiver of the right to file claims with INDECOPI or to exercise rights before the National Authority for Personal Data Protection.
24. Contact
If you have questions about these Terms, use the official contact: apextrading@outlook.es.
APEX
