These Terms & Conditions ("Terms") govern your access to and use of the Apex Home mobile application and related services (the "Service"), operated by NEXLOFT LLC, a Washington limited liability company ("NEXLOFT," "we," "us"). By creating an account or using the Service, you agree to these Terms and the Apex Home Privacy Policy. If you do not agree, you must not use the Service.

1
Eligibility

You must be at least 18 years old to use the Service.

By using the Service, you represent that you have the legal capacity to enter into a binding agreement, and that you will comply with these Terms and all applicable laws.

2
Nature of the Service

Apex Home is a mobile application designed to help homeowners organize, track, and manage home-related information — including maintenance history, appliance records, inspection documents, and property data.

The Service may include:

The Service is provided for informational and organizational purposes only.

3
User Content and Responsibility

You retain full ownership of all content, data, files, images, and documents that you upload or create within the Service ("User Content").

You are solely responsible for:

4
Data Ownership and Access
4.1 User-Provided Data

All User Content remains your property regardless of your subscription status. NEXLOFT does not claim ownership of User Content.

4.2 NEXLOFT-Generated Data

Data, insights, scores, analyses, classifications, recommendations, or outputs that are:

  • Generated by Apex Home or its automated systems
  • Produced by or derived from artificial intelligence
  • Derived from third-party or public data sources
  • Structured, enriched, or annotated by NEXLOFT

(collectively, "App Data") are owned by NEXLOFT and licensed to you for use within the Service, subject to these Terms.

4.3 Access Conditions

Certain App Data and features may require an active paid subscription. If your subscription lapses or is terminated:

  • You retain access to your User Content as required by applicable law
  • Access to App Data and premium features may be restricted or removed
  • Loss of access to App Data does not affect ownership of your User Content
5
Subscriptions and Payments

Apex Home offers the following subscription plans:

Subscriptions are billed through the Apple App Store or Stripe, depending on where you subscribe. All billing, refunds, and cancellations made through the App Store are governed by Apple's terms. You may cancel at any time; cancellation takes effect at the end of the current billing period. NEXLOFT reserves the right to modify pricing with reasonable advance notice.

6
Informational Use — No Professional Advice

Apex Home does not provide legal, financial, insurance, construction, engineering, safety, or any other professional advice.

All information, recommendations, task suggestions, Vitality Scores, and outputs — including AI-generated content — are general guidance only. You must independently verify any information before relying on it or taking action.

7
Artificial Intelligence and Automated Features

Certain features use artificial intelligence and automated systems. You acknowledge that:

8
Prohibited Use

You may not:

9
Third-Party Services

The Service may integrate with or link to third-party services (including Apple, Stripe, and AI providers). Your use of those services is governed by their respective terms. NEXLOFT is not responsible for the availability, accuracy, or practices of any third-party service.

10
Availability, Modifications, and Termination

The Service is provided "as is" and "as available." NEXLOFT may modify, suspend, or discontinue any part of the Service at any time with or without notice.

You may delete your account at any time through the app settings. NEXLOFT may suspend or terminate your access if you violate these Terms or applicable law.

11
Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEXLOFT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

12
Limitation of Liability

To the maximum extent permitted by applicable law:

13
Indemnification

You agree to indemnify, defend, and hold harmless NEXLOFT LLC, its members, officers, employees, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

14
Governing Law

These Terms are governed by the laws of the State of Washington, without regard to its conflict of law principles. Except as modified by Section 17 (Dispute Resolution and Arbitration), any disputes shall be resolved in the state or federal courts located in King County, Washington, and you consent to personal jurisdiction in those courts.

15
Apple App Store — Additional Terms

If you download or access the Service through the Apple App Store, the following additional terms apply:

This section incorporates Apple's Standard End User License Agreement, available at: apple.com/legal/internet-services/itunes/dev/stdeula/ ↗

16
Privacy Rights — California and Washington Residents
16.1 California Residents (CCPA/CPRA)

If you are a California resident, you have the following rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA):

  • Right to Know: You may request disclosure of the categories and specific pieces of personal information we collect, use, disclose, and sell.
  • Right to Delete: You may request deletion of personal information we have collected, subject to certain exceptions.
  • Right to Correct: You may request correction of inaccurate personal information.
  • Right to Opt Out: We do not sell or share personal information for cross-context behavioral advertising. If this changes, you will be notified and provided an opt-out mechanism.
  • Right to Non-Discrimination: We will not discriminate against you for exercising any of these rights.

To submit a request, contact us at privacy@apexhome.app. We will respond within 45 days.

16.2 Washington Residents (WPA / My Health MY Data Act)

If you are a Washington state resident, you have rights under the Washington Privacy Act (WPA) and, where applicable, the My Health MY Data Act, including:

  • Right to Access: You may request access to the personal data we process about you.
  • Right to Correction: You may request that we correct inaccurate personal data.
  • Right to Deletion: You may request deletion of personal data we hold about you, subject to applicable exceptions.
  • Right to Data Portability: You may request a copy of your personal data in a portable format.
  • Right to Opt Out: You may opt out of any processing of personal data for targeted advertising or profiling.

To exercise any of these rights, contact us at privacy@apexhome.app. We will respond within 45 days. If we decline your request, you have the right to appeal by contacting us at the same address.

17
Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

17.1 Informal Resolution

Before initiating any formal dispute, you agree to contact NEXLOFT at legal@apexhome.app and provide a written description of the dispute and your requested relief. The parties agree to attempt to resolve the dispute informally for at least thirty (30) days before initiating arbitration.

17.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service — including questions of arbitrability — shall be resolved by binding individual arbitration administered by JAMS (jamsadr.com) under its Streamlined Arbitration Rules, except as modified herein. The arbitration shall take place in King County, Washington, or remotely at either party's election. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

17.3 Class Action Waiver

YOU AND NEXLOFT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

17.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights. Small claims court actions that qualify under applicable rules are also exempt from this arbitration agreement.

17.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to legal@apexhome.app within thirty (30) days of first accepting these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other part of these Terms.

18
Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

19
Changes to These Terms

NEXLOFT may update these Terms from time to time. We will notify you of material changes via the app or email. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

20
Entire Agreement

These Terms, together with the Privacy Policy and any expressly referenced agreements, constitute the entire agreement between you and NEXLOFT LLC regarding the Service and supersede all prior agreements or understandings.

Contact

NEXLOFT LLC  ·  Washington, United States

contact@apexhome.app

legal@apexhome.app — legal inquiries & dispute notices

privacy@apexhome.app — privacy rights requests