Zapex360
AI-Powered Growth

Terms and Conditions

Effective Date: May 8, 2026

These Terms and Conditions ("Terms") govern your access to and use of the website, products, and services provided by Zapex360 ("Zapex360," "we," "our," or "us"). By using our website at zapex360.com or by purchasing or using our services, you ("you," "Client," or "user") agree to be bound by these Terms. If you do not agree, do not use our services.

1. Description of Services

Zapex360 provides AI-powered business automation services, including:

  • AI Receptionist — virtual assistant that answers calls, qualifies leads, books appointments, sends reminders, and follows up with customers.
  • Web Design — custom marketing websites and landing pages.
  • Social Media Marketing — content strategy, post creation, scheduling, and audience growth.

Specific deliverables, timelines, integrations, and pricing for each engagement are defined in a separate written agreement, statement of work, or order form ("Order"). In the event of a conflict between these Terms and an Order, the Order controls for that engagement.

2. Eligibility

You must be at least 18 years old and authorized to enter into binding contracts on behalf of yourself or the business you represent. By using our services, you represent that you meet these requirements.

3. Accounts and Onboarding

Some services require you to provide information about your business — services offered, hours, pricing, FAQs, calendar access, phone numbers, and similar configuration data. You are responsible for:

  • Providing accurate and complete information.
  • Notifying us promptly of any changes that affect service delivery.
  • Securing any login credentials we issue.
  • All activity that occurs under your account.

4. Pricing, Payment, and Billing

  • Pricing is quoted in U.S. dollars and based on the scope set in your Order. Pricing depends on call volume, customization, and the level of service required.
  • Recurring services bill monthly or annually in advance unless otherwise stated. One-time engagements bill on the schedule specified in the Order.
  • Payment is due on the date stated in your invoice. Late payments may incur a service charge of 1.5% per month or the maximum allowed by law, whichever is lower.
  • Past-due accounts may have services suspended after written notice.
  • All fees are non-refundable except as expressly stated in your Order or these Terms.

5. AI Receptionist — Specific Terms

  • The AI Receptionist generates conversation responses based on the business information you provide. While we make commercially reasonable efforts to ensure accuracy, AI-generated responses may occasionally contain errors, omissions, or unexpected language. You acknowledge that AI is a probabilistic system, not a deterministic one.
  • The AI is not a substitute for licensed medical, legal, or financial advice and must not be configured to provide it. You agree not to instruct the AI to give medical diagnoses, legal counsel, or investment recommendations.
  • Call recordings, transcripts, and conversation data may be processed by us and our subprocessors to deliver, monitor, and improve the service, in accordance with our Privacy Policy.
  • You are responsible for ensuring that AI-handled calls comply with all applicable consent and recording laws in your jurisdiction (including two-party consent states). We will provide reasonable assistance to configure compliant call disclosures.
  • We do not guarantee that any specific call will be answered, that the AI will book any specific appointment, or that the system will operate without interruption.

6. HIPAA and Healthcare Information

Zapex360 services are intended to support business operations such as appointment booking, lead capture, and customer communication. Standard service plans are not designed to handle Protected Health Information ("PHI") as defined under HIPAA, and a standard engagement does not include a Business Associate Agreement ("BAA").

If your use of the service requires PHI handling (e.g., transmitting medical records, treatment details, or diagnostic information), you must contact us before such use. A separate BAA and configured HIPAA-compliant deployment may be available on request and is subject to additional fees and terms.

You are solely responsible for configuring your service so that PHI is not transmitted through it absent a signed BAA.

7. Client Responsibilities and Acceptable Use

You agree not to:

  • Use the services for any unlawful, harmful, fraudulent, or deceptive purpose.
  • Use the AI Receptionist to engage in spam, robocalling, telemarketing, or any communication that violates the TCPA, CAN-SPAM Act, or other applicable laws.
  • Configure responses to defraud, harass, threaten, or impersonate any third party.
  • Reverse engineer, decompile, or attempt to extract the underlying models, prompts, or proprietary configurations of our services.
  • Resell, sublicense, or otherwise commercialize our services without prior written authorization.
  • Interfere with or disrupt the integrity or performance of our infrastructure.

We reserve the right to suspend or terminate service for material violation of this section.

8. Intellectual Property

  • Our IP. All software, models, prompt frameworks, training methodologies, dashboards, documentation, and the Zapex360 brand are owned by Zapex360 or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use them solely as needed to receive the services for which you have paid.
  • Your IP. You retain ownership of your business content, customer data, recordings, and any materials you provide to us. You grant us a limited license to use that content as needed to deliver the services.
  • Custom Deliverables. Web design and social media deliverables produced specifically for you are licensed to you on full payment, subject to any third-party assets (stock images, fonts, plug-ins) that retain their original licensing.
  • Feedback. If you provide suggestions or feedback, we may use them without restriction or compensation.

9. Third-Party Services

Our services rely on third-party platforms — including but not limited to call carriers (e.g., Twilio), CRM platforms, scheduling tools, hosting providers, and analytics services. Your use of those platforms through our services is subject to their respective terms.

We are not responsible for outages, data loss, or limitations imposed by third-party providers. We will use commercially reasonable efforts to mitigate such issues but cannot guarantee continuity of any specific third-party platform.

10. Service Availability

We aim for high availability but do not guarantee uninterrupted service. The services may be unavailable due to maintenance, third-party outages, force majeure events, or other circumstances beyond our control. We will provide advance notice of scheduled maintenance whenever practical.

11. Cancellation and Termination

  • By You. You may cancel month-to-month services at the end of any billing cycle by giving us at least 14 days' written notice via team@zapex360.com. Annual or fixed-term agreements are governed by their Order.
  • By Us. We may suspend or terminate your service immediately for non-payment, breach of these Terms, fraudulent or abusive use, or legal compliance reasons.
  • Effect. On termination, your access to the services ends. We will delete or return your data in accordance with the Privacy Policy and any applicable retention schedule.
  • Survival. Sections covering Intellectual Property, Confidentiality, Disclaimers, Limitation of Liability, Indemnification, and Governing Law survive termination.

12. Refunds

Service fees are non-refundable unless required by law or expressly granted in writing. Setup fees, custom deliverable work, and one-time integrations are always non-refundable once work has begun.

13. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the services, including business information, customer lists, pricing, and technical configurations. Confidentiality obligations survive termination for three (3) years.

14. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT THE AI WILL PRODUCE ANY SPECIFIC OUTCOME.

YOU USE THE SERVICES AT YOUR OWN RISK.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZAPEX360'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

IN NO EVENT SHALL ZAPEX360 BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOST CUSTOMERS, OR BUSINESS INTERRUPTION — EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO PARTS OF THE ABOVE MAY NOT APPLY TO YOU.

16. Indemnification

You agree to defend, indemnify, and hold harmless Zapex360, its officers, employees, and contractors from any claims, damages, costs, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the services; (b) your violation of these Terms; (c) your violation of any law or third-party right; (d) any content or instructions you provide that cause the AI to act unlawfully or harmfully; or (e) any claim by your customers or patients arising from interactions with services you configured.

17. Privacy

Your use of the services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws principles. The exclusive venue for any dispute will be the state or federal courts located in Essex County, New Jersey, and you consent to personal jurisdiction there.

19. Dispute Resolution

The parties shall attempt to resolve any dispute informally for at least thirty (30) days before initiating formal proceedings. Either party may then pursue resolution in court as set out in Section 18. Nothing in this section limits a party's right to seek injunctive or equitable relief.

20. Force Majeure

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including but not limited to natural disasters, war, pandemics, government action, internet or carrier outages, or third-party platform failures.

21. Modifications to These Terms

We may update these Terms periodically. Material changes will be posted on this page and, where appropriate, communicated by email. Continued use of the services after the effective date of changes constitutes acceptance.

22. General Provisions

  • Entire Agreement. These Terms, together with the Privacy Policy and any Order, constitute the entire agreement between the parties regarding the services.
  • Severability. If any provision is held unenforceable, the remaining provisions will remain in effect.
  • Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
  • No Waiver. Failure to enforce any provision is not a waiver of that provision.
  • Notices. Notices to Zapex360 must be sent to team@zapex360.com.

23. Contact

Zapex360
Bloomfield, NJ 07003
Email: team@zapex360.com
Phone: (973) 566-5162